Children's Court of New South Wales
Encyclopedia
The Children's Court of New South Wales is a court which deals with criminal offences committed by children over 10 and under 18 as well as with proceedings relating to the care and protection of children. The court commenced on 18 January 1988.
system of criminal law
inherited from England
. There was nothing unusual in that as the law of Australia at that time was heavily influenced by the social norms of English society.
As a result, children criminals were treated no differently than adult criminals. They were liable to the same harsh penalties. The Judicial Commission cites an example of one English judge who, after condemning a 10 year old boy to death, described the boy as “a proper subject for capital punishment”. The commission also noted that on one day in 1815, five children aged between eight and 12 years were hanged for petty larceny in England.
states the first court was set up in the spirit of parens patriae
, a jurisdiction that was exercised by the superior courts of the United Kingdom and as a consequence, of the Supreme Court of New South Wales
. The court was set up in light of the widespread poverty and child neglect
at that time. The courts had to assume the role of parent, protector and ultimate punisher.
. The court was established on 18 January 1988.
who are appointed by the Chief Magistrate of the Local Court of New South Wales. A magistrate so appointed is called a Children's Magistrate.
The chief magistrate may with concurrence of the New South Wales Attorney General appoint a children's magistrate to be the Senior Children's Magistrate.
The Senior Children's Magistrate is effectively a deputy chief magistrate of the Local Court.
The current senior children's magistrate is Scott Mitchell.
Colonial times
The treatment of juvenile offenders in the colony of New South Wales reflected thesystem of criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
inherited from England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
. There was nothing unusual in that as the law of Australia at that time was heavily influenced by the social norms of English society.
As a result, children criminals were treated no differently than adult criminals. They were liable to the same harsh penalties. The Judicial Commission cites an example of one English judge who, after condemning a 10 year old boy to death, described the boy as “a proper subject for capital punishment”. The commission also noted that on one day in 1815, five children aged between eight and 12 years were hanged for petty larceny in England.
History
The first children's court was established under the Neglected Children and Juvenile Offenders Act 1905. The Judicial Commission of New South WalesJudicial Commission of New South Wales
The Judicial Commission of New South Wales is an independent statutory corporation of the New South Wales Government that provides continuing education to and examines complaints made against judicial officers in New South Wales, Australia....
states the first court was set up in the spirit of parens patriae
Parens patriae
Parens patriae is Latin for "parent of the nation." In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection...
, a jurisdiction that was exercised by the superior courts of the United Kingdom and as a consequence, of the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
. The court was set up in light of the widespread poverty and child neglect
Child neglect
Child neglect is defined as:# "the failure of a person responsible for a child’s care and upbringing to safeguard the child’s emotional and physical health and general well-being"...
at that time. The courts had to assume the role of parent, protector and ultimate punisher.
Current court
The present children's court is constituted under the Children's Court Act 1987. It is an inferior court and is effectively a court of recordCourt of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
. The court was established on 18 January 1988.
Composition
The court is composed of magistrates of the Local Court of New South WalesLocal Court of New South Wales
There are over 160 Local Courts in New South Wales. Local Court cases are heard by a magistrate without a jury. It hears summary offences as well as indictable offences and committal hearings. It hears civil claims up to $100,000 and has a Small Claims Division for claims less than $10,000. It...
who are appointed by the Chief Magistrate of the Local Court of New South Wales. A magistrate so appointed is called a Children's Magistrate.
The chief magistrate may with concurrence of the New South Wales Attorney General appoint a children's magistrate to be the Senior Children's Magistrate.
The Senior Children's Magistrate is effectively a deputy chief magistrate of the Local Court.
Functions of the Senior Children’s Magistrate
The Senior Children’s Magistrate administers the court, arranges sittings of the Court, and convenes meetings of Children’s Magistrates. The senior children's magistrate also confers regularly with community groups and social agencies on matters involving children and the Court.The current senior children's magistrate is Scott Mitchell.