New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987

- As at 25 February 2011
- Act 55 of 1987

TABLE OF PROVISIONS

           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     (Repealed)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     (Repealed)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 (Repealed)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

   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