Jurisdiction | Procedure | Rules of Court | Practice Directions | Court fees | Witnesses | Arrest, bail and custody | Criminal sentencing powers | Appeals | Frequently asked questions |
The Youth Court is a specialist court for people aged under 18 years. The Youth Court of South Australia was created by the Youth Court Act, 1993. It has a criminal jurisdiction, a child protection jurisdiction and also hears adoption matters.
Criminal
In its criminal jurisdiction,
the court operates under the Young Offenders Act, 1993. The court deals
with young offenders of or above the age of ten years but under the age of eighteen years. When dealing with major indictable offences, the court must be presided over by a judge. The object of this Act "is to secure for youths who offend against
the criminal law the care, correction and guidance necessary for their development into responsible and useful members of the community and the proper realisation of their potential."
Civil
Child Protection Applications and Adoptions are the two civil proceedings dealt with by the Youth Court.
When dealing with child protection matters, the court registry operates under the Children’s Protection Act. The objects of this Act are "to provide for the care and protection of children and to do so in a manner that maximises a child’s opportunity to grow up in a safe and stable environment and to reach his or her full potential". The Act further says that "the administration of this Act is to be founded on the principles that the primary responsibility for a child’s care and protection lies with the child’s family and that a high priority should therefore be accorded to supporting and assisting the family to carry out that responsibility".
Procedure
The Youth Court is a court of record. Neither judicial members nor lawyers appearing in court are
required to wear legal robes.
Court proceedings are closed to the public. The Youth
Court Act states that the only persons allowed into court (and
into the waiting areas) are:
Although the media are allowed into court, the Youth Court Act places restrictions on the reports of proceedings. Nothing may be published which may lead to the identification of a youth
The court has a duty to ensure that parties to proceedings before the court understand the nature and purpose of what is happening and to advise them about how and where to obtain legal advice.
Criminal
In criminal matters the police decide how an offence will be dealt with in the first instance. The options available are: Police Caution, Family Conference, and Youth Court. The court hears trials ('not guilty' pleas) and guilty pleas (sentencing) in criminal cases for youths under the age of 18 years. If a matter is referred to court, and the court decides that a hearing is not appropriate for the offence, it can refer the matter to the Family Conference Team. The court can also refer the matter back to the police for the administration of a formal police caution.
If the matter has been referred to a family conference, and the youth does not appear; pleads not guilty to the charge, or elects to have the matter dealt with by a court, the matter is referred to court. If at the time of the family conference the youth enters into an undertaking to do certain things, and subsequently does not do them, the matter may be referred back to the police for the laying of the original charge in the court.
Child Protection
In Child Protection matters, Family and Youth Services can refer the matter to the Care and Protection Unit for them to convene a meeting. If the parents/guardians do not want a meeting, the matter may be referred to court. Where a child is at risk, the matter may be referred directly to the court. The court may then make an order for the protection of the child, and adjourn the matter, while also sending a request to the Care and Protection Unit, asking that an attempt be made to convene a family care meeting.
Rules of court are made from time to time regarding the business of the court, court costs, and practice and procedure of the court. To access the current rules of court click here.
Directions are made from time to time by the Youth Court regarding the practice and procedures of the court. There are current Practice Directions relating to case flow management, Care and Protection telephone linkups and Care and Protection applications. To access the Youth Court Practice Directions click here.
Court fees are imposed for cases coming before the court and for copies of court documents. These fees change from time to time. To access the schedule of current Youth Court fees click here.
The Youth Court may issue a summons requiring a person to appear before the court to give evidence or to produce evidentiary material (or both). Failure to comply with a summons to give evidence constitutes a contempt of court and is punishable by fine, detention (in the case of youths) or imprisonment (in the case of adults).
The usual fee for witnesses is $100 per day, plus travelling expenses. If a witness has lost more than this, he/she must fill in a declaration to claim additional expenses.
The normal laws of South Australia relating to arrest, bail (eg the Bail Act), remand and custody apply generally to youths with some specific modifications provided by the Young Offenders Act.
The Young Offenders Act specifies procedures to be followed if a youth is arrested, including explaining to the youth the nature of the allegations, the right to seek legal representation, and taking reasonable steps to inform the youth’s guardian.
The Youth Court may hear and determine bail applications and may grant bail on such terms as it thinks suitable. If bail is refused, youths may be detained on remand in facilities maintained by Family and Youth Services or the police.
The court has the same powers as the Magistrates Court to sentence a youth for a summary offence, and the same powers as the District Court, when sentencing a youth for an indictable offence.
What outcomes can the court impose?
Appeals from the Youth Court lie:
Can the public enter the Youth Court?
No. The Youth Court is a closed court except for parties to the case.
Members of the public are not allowed in to observe.
Do parents have to attend criminal hearings with their children?
Parents and guardians are always strongly encouraged to attend court with their children. They are however
not legally required to do so.
Do I need to have a lawyer when I appear in the Youth Court?
Youths appearing in the Youth Court are encouraged to seek legal advice. From time to time people appear in court without a lawyer but
they are always offered the opportunity to get legal representation. If you are a student, unemployed or on a limited income, you may be eligible to have a lawyer appointed through legal aid.
Can
I get copies of Court documents?
Unlike other Acts covering
courts, the Youth Court Act does not provide for a person to inspect or obtain
copies of court records. A request
to access documents must be in writing addressed to the Registrar and clearly
state the reasons for requesting the documents. A
fee may be charged should documents be made available.
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