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Juvenile law in Sydney, Australia revolves around young individuals, typically under the age of 18, who get involved in crimes or unlawful activities. This branch of law is specifically designed to deal with minors and uses a separate court system known as the Children’s Court. The focus of juvenile law and the Children's Court is on rehabilitation, rather than punishment, to prevent youths from becoming repeat offenders.
You may require a lawyer experienced in juvenile law if your child is facing criminal charges, is involved in custody issues, is in need of legal protection from abuse, or if child welfare services are involved. Legal professionals can navigate the complexities of this law, advocating for your child’s rights and guiding you through the legal processes and proceedings.
The key principle of juvenile law in Sydney is that the wellbeing and welfare of the child are paramount. When a child commits an offence, the Young Offenders Act 1997 applies, with the child usually given a caution, a youth justice conference, or possibly being prosecuted for very serious offences. The age of criminal responsibility is 10 years, but children between the ages of 10 and 14 can only be convicted if it's proved that they knew their behavior was wrong.
Juvenile law applies to those under 18 years of age, but the criteria of understanding right from wrong apply only to children between 10 and 14 years of age.
Parents cannot represent their child in court. It is strongly recommended that a lawyer specialised in juvenile law represent the child.
Under certain circumstances, juvenile records may be sealed or expunged in New South Wales, often depending on the severity of the offense and the child's behavior since the received sentence.
A youth justice conference is a restorative justice process where the victim, offender, and supportive community members meet to discuss the crime and the consequences, usually leading to the creation of a suitable plan for the young person.
Prepare for the court session by working closely with your juvenile lawyer, understanding the charges, the legal process, and what resolutions can reasonably be achieved. It is essential to also prepare emotionally and ensure the child understands the process to demystify it as much as possible.
The Children’s Court of New South Wales website, Legal Aid NSW, and the website of NSW Department of Communities and Justice can provide useful, authoritative information and guidance on juvenile law in Sydney.
If you require legal assistance with juvenile law, the first step is to contact a qualified and experienced lawyer in Juvenile Law. Document and gather relevant information about your situation to discuss with the lawyer and ensure to inquire about the expected timeline, possible outcomes, and legal fees associated with your case. Always remember that the goal is to protect the child’s rights and work for their best interests.