Youth Justice Court
Encyclopedia
The Youth Justice Court of the Northern Territory is an Australia
n court which hears and determines cases concerning crimes committed by children under the age of 18 years in the Northern Territory
.
, eg. New South Wales
, Van Diemen's Land
, Victoria
and Queensland
reflected the 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 of New South Wales
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.
Children's court began to be set up in Australia in the early 1900s. The Judicial Commission of New South Wales
states the first court in New South Wales 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
. Children's courts were 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.
Extensive changes were made to the criminal law relating to children following a discussion paper on a review of the Juvenile Justice Act publicly released in March 2004. The changes envisaged that the justice system would encourage children to be accountable for their behaviour, whilst at the same time balancing the interest of victims and the community. Certain guiding principles would help police and courts deal with offenders. These were:
The following are general principles that must be taken into account in the administration of this Act:
is automatically a magistrate of the court.
In addition, the Chief Magistrate of the Northern Territory may appoint magistrates as youth magistrates.
In either case, both magistrates have jurisdiction to made orders in the court.
Unlike other states and territories of Australia, there is no senior or children's magistrate.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n court which hears and determines cases concerning crimes committed by children under the age of 18 years in the Northern Territory
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
.
Colonial times
The treatment of juvenile offenders in the colonies of AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, eg. New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, Van Diemen's Land
Van Diemen's Land
Van Diemen's Land was the original name used by most Europeans for the island of Tasmania, now part of Australia. The Dutch explorer Abel Tasman was the first European to land on the shores of Tasmania...
, Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
and Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
reflected the system 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 of New South Wales
Judicial 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....
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.
Children's court began to be set up in Australia in the early 1900s. The Judicial Commission of New South Wales
Judicial 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 in New South Wales 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...
. Children's courts were 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 court is actually a continuation of the Juvenile Court of the Northern Territory constituted under the repealed Juvenile Justice Act 1983 (NT) under a different name.Extensive changes were made to the criminal law relating to children following a discussion paper on a review of the Juvenile Justice Act publicly released in March 2004. The changes envisaged that the justice system would encourage children to be accountable for their behaviour, whilst at the same time balancing the interest of victims and the community. Certain guiding principles would help police and courts deal with offenders. These were:
The following are general principles that must be taken into account in the administration of this Act:
- Children must be held accountable and encouraged to accept responsibility for the behaviour.
- Children should be dealt with in a way that acknowledges their needs and will provide them with the opportunity to develop in socially responsible ways.
- Children should only be kept in custody for an offence (whether on arrest, in remand or under sentence) as a last resort and for the shortest appropriate period of time.
- Children must be dealt with in the criminal law system in a manner consistent with their age and maturity and have the same rights and protection before the law as would an adult in similar circumstances.
- Children should be made aware of their obligations under the law and of the consequences of contravening the law.
- Children who commit an offence should be dealt with in a way that allows him or her to be re-integrated into the community.
- A balanced approach must be taken between the needs of children, the rights of any victim of the youth's offence and the interests of the community.
- Family relationships between a child and members of their family should, where appropriate, be preserved and strengthened.
- Children should not be withdrawn unnecessarily from the family environment and there should be no unnecessary interruption of a youth's education or employment.
- A child’s sense of racial, ethnic or cultural identity should be acknowledged and they should have the opportunity to maintain it.
- A victim of an offence committed by a child should be given the opportunity to participate in the process of dealing with the child for the offence.
- A responsible adult in respect of a child should be encouraged to fulfil their responsibility for the care and supervision of the child.
- A decision affecting a child should, as far as practicable, be made and implemented within a time frame appropriate to the child’s sense of time.
- Punishment of a child must be designed to give him or her an opportunity to develop a sense of social responsibility and otherwise to develop in beneficial and socially acceptable ways.
- If practicable, an Aboriginal youth should be dealt with in a way that involves the youth's community.
- Programs and services should be culturally appropriate, promote their health and self-respect; foster their sense of responsibility; and encourage attitudes and the development of skills that will help them to develop their potential as members of society.
- Unless the public interest requires otherwise, criminal proceedings should not be instituted or continued against a child if there are alternative means of dealing with the matter.
- As far as practicable, proceedings in relation to child offenders must be conducted separately from proceedings in relation to adult offenders.
Composition
The court is composed of magistrates and youth magistrates. Every stipendiary magistrate of the Magistrates Court of the Northern TerritoryMagistrates Court of the Northern Territory
The Northern Territory Magistrates Courts is the generic name given to the lower courts constituted by magistrates and justices of the peace in the Northern Territory, a territory of Australia. There is no actual magistrates court, and the reference to the court is usually a reference to the...
is automatically a magistrate of the court.
In addition, the Chief Magistrate of the Northern Territory may appoint magistrates as youth magistrates.
In either case, both magistrates have jurisdiction to made orders in the court.
Unlike other states and territories of Australia, there is no senior or children's magistrate.
Sources
- Youth Justice Act (NT) http://www.austlii.edu.au/au/legis/nt/consol_act/yja185/
- Judicial Commission, The nexus between sentencing and rehabilitation in the Children’s Court of NSW ISBN 0 7313 56101 http://www.jc.nsw.gov.au/monograph26/mono26.pdf
- Second Reading, Northern Territory Parliament, http://www.austlii.edu.au/au/legis/nt/bill_srs/yjab22005462/srs.html