NCJ Number
68798
Date Published
1979
Length
164 pages
Annotation
THIS BOOK DESCRIBES THE ADMINSTRATIVE AND LEGISLATIVE PROVISIONS AND PRINCIPLES RELEVANT TO THE OPERATION OF THE JUVENILE COURTS IN VICTORIA, AUSTRALIA, AS OF MAY 30, 1979.
Abstract
THE BOOK EMPHASIZES CHILDREN'S COURT LEGISLATION DETERMINING PROCEDURES IN JUVENILE WELFARE PROCEEDINGS AND THE DIFFERENCES BETWEEN THE JUVENILE JUSTICE SYSTEM AND THE ORDINARY CRIMINAL JUSTICE SYSTEM. ESTABLISHED IN 1906, THE VICTORIAN CHILDREN'S COURTS HANDLE MOST JUDICIAL DECISIONS RELATING TO CRIMINAL CHARGES AGAINST MINORS AS WELL AS JUVENILE WELFARE CASES. CRIMINAL AND WELFARE FUNCTIONS WERE COMBINED IN THE CHILDREN'S COURTS FROM THEIR BEGINNINGS. THE 1973 CHILDREN'S COURT ACT CURRENTLY GOVERNS THE COURTS' OPERATIONS. FOR CRIMINAL CASES, CHILD IS DEFINED AS A PERSON UNDER THE AGE OF 17 YEARS WHEN THE OFFENSE WAS COMMITTED; FOR WELFARE CASES, A CHILD IS A PERSON UNDER 18. COURT ASPECTS DISCUSSED INCLUDE THEIR CONSTITUTION, PROBATION OFFICERS, LEGAL AID, INTERPRETERS, PRIVACY OF JUVENILE PROCEEDINGS, AND ACCESS TO COURT RECORDS. WELFARE CASES BROUGHT BEFORE THE COURTS CONCERN YOUNG PEOPLE THOUGH TO BE IN NEED OF CARE AND YOUNG PEOPLE WHOSE CARE AND CUSTODY ARE LIKELY TO BE SERIOUSLY DISRUPTED. THE CHAPTERS ON WELFARE DISCUSS SUCH AREAS OF COURT CONCERN AS STREET TRADING, TRUANCY, UNCONTROLLED MINORS, AND DISRUPTION OF CUSTODY. WELFARE HEARINGS ARE CONDUCTED AS INQUIRIES RATHER THAN AS TRIALS, ALTHOUGH THE MEANS FOR SECURING PARTIES' ATTENDANCE ARE MODELED ON THOSE USED IN CRIMINAL PROCEEDINGS. A WIDE VARIETY OF DISPOSITIONS IS AVAILABLE IN WELFARE CASES. THREE CHAPTERS DISCUSS PROCEDURES INVOLVING JUVENILE OFFENDERS, INCLUDING PRECOURT CONTACT, ADJUDICATION, AND DISPOSITIONAL PROCEDURES. THE FINAL CHAPTER COVERS APPELLATE AND INDICTABLE PROCEEDINGS. CHAPTER FOOTNOTES, FORMS USED, AN INDEX, AND A CHRONOLOGICAL INDEX OF VICTORIAN LEGISLATION ARE INCLUDED.