Contents (1987 - 55)
Children (Criminal Proceedings) Act 1987 No 55
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Definitions

Part 2 Criminal proceedings generally

Division 1 Preliminary

4 Application
5 Age of criminal responsibility
6 Principles relating to exercise of functions under Act
7 Jurisdiction of Children’s Court not to be exercised by certain other courts
7A Courts may rely on apparent age of defendants

Division 2 Commencement of proceedings

8 Commencement of proceedings
9 Expedition where child in custody
9A (Repealed)

Division 3 Hearings

10 Exclusion of general public from criminal proceedings
11 (Repealed)
12 Proceedings to be explained to children
12A Bail applications
13 Admissibility of certain statements etc
14 Recording of conviction
15 Evidence of prior offences and other matters not admissible in certain criminal proceedings

Division 3A Publication and broadcasting of names

15A Publishing and broadcasting of names prohibited
15B Exception for official report of proceedings
15C Exception for person convicted of serious children’s indictable offence
15D Exception for publication or broadcasting with consent
15E Exception where child deceased
15F Exception for traffic offences not dealt with by Children’s Court
15G Functions of court officials not affected

Division 4 Penalties

16 Application
17 Serious children’s indictable offences
18 Other indictable offences
19 Court may direct imprisonment to be served as a juvenile offender
20 Remission of persons to the Children’s Court for punishment
21 Rights of appeal where person remitted for sentence

Division 5 General

22, 23 (Repealed)
24 Compensation
25 Background reports

Part 3 Criminal proceedings in the Children’s Court

Division 1 Preliminary

26 Application
27 Application of Criminal Procedure Act 1986 and other Acts
28 Jurisdiction of the Children’s Court
29 Jurisdiction in respect of 2 or more co-defendants who are not all children

Division 2 Commencement of proceedings

30 Adjournments

Division 3 Hearings

31 Hearing of charges in the Children’s Court

Division 4 Penalties

32 Application
33 Penalties
33A Cumulative or concurrent orders etc
33AA Cumulative or concurrent orders—assault on juvenile justice officers
33B Guilty plea to be taken into account
33C Application of Crimes (Sentencing Procedure) Act 1999 to children
33D Non-association and place restriction orders
34 Restrictions on the imposition of control orders etc
35 Reasons for decision to be given
36 Compensation
37 Term of control order
38 Destruction of photographs, finger-prints etc

Division 5 General

39 Definitions
40 Variation of good behaviour bond or probation
41 Enforcement of conditions of good behaviour bond or probation or compliance with outcome plan
41A Provisions applicable where control order suspended subject to good behaviour bond
42 Action may be taken after good behaviour bond has expired
42A Children’s Court may make orders regarding court costs

Part 4 Mistake in exercise of jurisdiction

43 Definition
44 Remission of cases on account of defendant’s age
45 Review of decisions where mistake as to age
46 (Repealed)
47 Exclusion of damages and compensation
48 Section 5 not affected

Part 4A Youth conduct orders

Division 1 Interpretation

48A Objects of Part
48B Definitions
48C Meanings of “positive conduct provisions” and “conduct restriction provisions”
48D Meaning of “relevant offence”
48E Prescribed eligibility criteria

Division 2 Overview of scheme

48F Summary of operation of scheme

Division 3 Suitability assessments

48G Children’s Court may make suitability assessment orders
48H Conduct of suitability assessments
48I Granting of bail for suitability assessments and charging procedure

Division 4 Preparation of conduct plans

48J Interim conduct plans
48K Final conduct plans

Division 5 Making of youth conduct orders

48L Youth conduct orders
48M Explanation of youth conduct order
48N Review of youth conduct order by Children’s Court
48O Appeals to District Court against youth conduct orders

Division 6 Enforcement of youth conduct orders

48P Proceedings for non-compliance with youth conduct orders
48Q Consequences of revocation of youth conduct orders
48R Consequences of compliance with final youth conduct orders

Division 7 Miscellaneous

48S Evidence of certain matters not admissible
48T Disclosure of certain information prohibited
48U Exchange of information
48V Destruction of photographs, finger-prints, palm-prints and other records
48W Regulations
48X Relationship with other legislation, projects and measures
48Y Part to cease to have effect

Part 5 Miscellaneous

49 Proceedings for offences
50 Act is generally subject to Bail Act 1978
50A Procedures for remitting cases from one court to another
50B Special provision relating to drug rehabilitation programs
51 Regulations
52 Savings and transitional provisions

 Schedule 1 (Repealed)

 Schedule 2 Savings and transitional provisions

Historical notes