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Published: 17 July, 2013
Pages: 50

 

Introduction

The introduction of the Criminal Procedure Act 2011 makes comprehensive changes to the criminal law process. As many will already know, the Act contains substantive amendments both to criminal procedure and terminology and unites the many existing pieces of legislation on criminal procedure.

It would be wrong to think that this legislation will have no significant consequences for the Youth Court, but it would also be wrong to think that the Act signals a drastic change to the Youth Court’s procedure.

It appears that overall the Criminal Procedure Act will make a positive difference to the Youth Court, simplifying procedure which was previously complicated. Perhaps most notably, the Act amends the Youth Court’s jurisdiction so that virtually all charges across virtually all offence categories relating to young people (and charges relating to children which meet the threshold in s 272) from 1 July 2013 and onwards will now be heard and determined in the Youth Court (with some exceptions) unless the child or young person elects jury trial. This greatly simplifies the often complicated existing process for determining whether or not Youth Court jurisdiction is offered. It may also mean an increase in complex and challenging cases for the Youth Court to determine: a challenge which I am confident will be managed well by those of you working in the Court.

The procedure to be followed when children and young people are jointly charged with adults (or with each other) has been made clearer in some respects but the ―interests of justice‖ test to be applied will require argument and judicial development.

The new Act has recategorised many offences so that the old terms which were so important in terms of Youth Court jurisdiction will no longer apply. Youth Advocates will need to know the new analogs for these old typologies of offences. For Judge-alone trials in the Youth Court there is the option to use the new case management procedure. The webinar will also examine further trial management issues, such as sentence indications and the right to forgo jury trial election.

Today’s webinar is an opportunity to discuss this change in jurisdiction, as well as some of the other key changes in the Youth Court. We are privileged to have Mark Lillico, who has experience as a former Youth Advocate and had a significant part in shaping the Children, Young Persons and their Families Amendment Act (No 2) 2011, which incorporates all of the main changes to the Youth Court emerging from the Criminal Procedure Act 2011. There will be an opportunity during the webinar to ask questions of the presenters.

Thank you for your commitment to attending this webinar, and for your ongoing commitment to your roles. We hope that today’s experience is valuable for you.

Judge Andrew Becroft
Principal Youth Court Judge

Course outline

• Jurisdiction of The Youth Court
• Jurisdiction Prior To The Criminal Procedure Act 2011
• Jurisdiction Post the Criminal Procedure Act 2011
• Procedure for Charges Relating to Children
• Procedure When Child or Young Person Elects Trial by Jury
• Procedures for Murder and Manslaughter Charges
• Procedure for Traffic Offences Not Punishable by Imprisonment
• How Trials Will Be Managed in The Youth Court
• Case Management in Youth Court
• Case Management Where There Is to Be a Transfer from Youth Court
• Joint Charging in The Youth Court
• Children Jointly Charged
• Young People Jointly Charged
• Process When Adult Is Heard in The Youth Court
• Case Management and Sentence Indication Provisions Where There Is Joint Trial
• Discussion Point: ―Interests of Justice‖ Argument
• Indictable/Purely Indictable Analog
• Arrest Without Warrant
• Section 282 Discharge
• Transfer to District Court for Sentence

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