CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - As at 30 October 2023 - Act 55 of 1987
- As at 30 October 2023
- Act 55 of 1987
Table of Provisions
PART 1 - PRELIMINARY
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 (Repealed)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 (Repealed)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 (Repealed)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
Division 2 - Commencement of proceedings
Division 3 - Hearings
Division 3AA - Special provisions--child sexual assault offences
- 31AA Application of Division
- 31AB Prosecution may request that proceedings be dealt with on indictment
- 31AC Taking of prosecution evidence
- 31AD Prosecution witness may be directed to attend in limited circumstances
- 31AE Evidence of witness directed to attend
- 31AF Taking of evidence of accused person
- 31AG Application of Criminal Procedure Act 1986
- 31AH Regulations
Division 3A - Committal proceedings
- 31A Committal proceedings for offences
- 31B Evidence in committal proceedings
- 31C Statements may be admitted as evidence
- 31D Statements must comply with requirements
- 31E Children's Court may set aside requirements for statements
- 31F Decision about committal or discharge
- 31G Guilty pleas
- 31H Guilty pleas and committal for sentence
- 31I Committal may be set aside by Children's Court
- 31J Application of procedural provisions
- 31K False statements or representations
- 31L Regulations
Division 4 - Penalties
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
- 42A Children's Court may make orders regarding court costs
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 - (Repealed)
None
PART 5 - MISCELLANEOUS
- 49 Proceedings for offences
- 50 Act is generally subject to Bail Act 2013
- 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)
