Online CPD Module l Booklet l PowerPoint Presentation
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Online CPD Module
Presentation time: 75 minutes
The Criminal Procedure (Reform and Modernisation) Bill gave rise to the Criminal Procedure Act 2011 (CPA) but also amended 14 Acts, including the Children Young Persons and Their Families Act (CYPF).
The CYPF Amendment Act (No 2) commences on 1 July along with the CPA.
Certain changes introduced by the CPA will apply in the Youth Court but many of the substantive changes will not. However there are specific changes for the Youth Court and these will be the focus of this.
- How the jurisdiction of the Youth Court has been clarified.
- What now happens when a child or young person is jointly charged with an adult.
- When and how case management process will apply in the Youth Court.
- The difference between jury trial election for an adult and for a child or young person.
- How and where formerly purely indictable charges (now contained within Category 3 and 4 offences) will be heard when the defendant is a child or young person.
- About provisions relating to retrials or rehearings as to sentence.
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Authors: His Hon Judge Andrew Becroft, Mark Lillico, Emily Bruce
Published: 8 July, 2013
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
These are the slides included in the presentation.
Number of Slides: 35