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Chapter 7: Criminal - General

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This chapter discusses the jurisdiction of the Criminal Division of the Children’s Court, including the age of a ‘child’ for the hearing of a charge (noting that a child aged under 10 cannot be charged with a criminal offence) as well as for breach, variation and revocation proceedings. It then discusses the “Police Cautioning Programme” as a means of diversion from the court process and the Children and Young Persons Infringement Notice System [CAYPINS].

The chapter continues with details for the commencement of the court criminal process and representation of children in the Criminal Division. It discusses the issue of warrants to arrest for failing to appear, the process by which the Court can refer a case for investigation by Child Protection and the operation of the Children’s Koori Court (Criminal Division). It concludes with a number of papers on adolescent offenders and other aspects of the criminal law.

Download Chapter 7 here

Author: former Magistrate Peter Power
Place of Publication: Melbourne, Australia
Publisher: Children's Court of Victoria
Date of Publication: 21 February 2023
Number of Pages: 68
Copyright: State of Victoria, 2020