Division 1 Preliminary

4   Application

This Part applies to:

(a)  any court that exercises criminal jurisdiction, and

(b)  any criminal proceedings before any such court,

notwithstanding any law or practice to the contrary.

5   Age of criminal responsibility

It shall be conclusively presumed that no child who is under the age of 10 years can be guilty of an offence.

6   Principles relating to exercise of functions under Act

A person or body that has functions under this Act is to exercise those functions having regard to the following principles:

(a)  that children have rights and freedoms before the law equal to those enjoyed by adults and, in particular, a right to be heard, and a right to participate, in the processes that lead to decisions that affect them,

(b)  that children who commit offences bear responsibility for their actions but, because of their state of dependency and immaturity, require guidance and assistance,

(c)  that it is desirable, wherever possible, to allow the education or employment of a child to proceed without interruption,

(d)  that it is desirable, wherever possible, to allow a child to reside in his or her own home,

(e)  that the penalty imposed on a child for an offence should be no greater than that imposed on an adult who commits an offence of the same kind,

(f)  that it is desirable that children who commit offences be assisted with their reintegration into the community so as to sustain family and community ties,

(g)  that it is desirable that children who commit offences accept responsibility for their actions and, wherever possible, make reparation for their actions,

(h)  that, subject to the other principles described above, consideration should be given to the effect of any crime on the victim.

7   Jurisdiction of Children’s Court not to be exercised by certain other courts

(1)  Except as provided by this Act, the Local Court may not hear and determine criminal proceedings that the Children’s Court has jurisdiction to hear and determine.

(2)  The Drug Court may not hear or determine criminal proceedings that a Children’s Court has jurisdiction to hear and determine.

7A   Courts may rely on apparent age of defendants

(1)  For the purpose of enabling a court to determine whether or not it has jurisdiction to hear and determine criminal proceedings against a person in circumstances in which the court’s jurisdiction depends on the person’s age, the court may, if it is satisfied that no other evidence of the person’s age is readily available, rely on the apparent age of the person.

(2)  Nothing in this section limits the operation of Part 4.