The Youth Court is for young people aged between 10 and 17 who are alleged to have committed a crime.
If a young person is arrested, a police officer is responsible for the arrest and custody of the young person.
If a young person is arrested by the police, they can be given police bail, or they may be taken into custody and then required to come to Court to have a bail hearing.
If the police do not give a young person bail, then they will be taken to Kurlana Tapa, which is the detention centre in South Australia. The charge or charges will be heard in the Youth Court on the next working day.
The Bail Act 1985 sets out the rules around bail and allows young people to apply to the Court for bail.
If a young person wants to ask the Court for bail, they may wish to have a lawyer to apply on their behalf. A lawyer will be provided whether they are at the Court or at Kurlana Tapa.
If the young person is Aboriginal or Torres Strait Islander, they can request to have a lawyer from the Aboriginal Legal Rights Movement (ALRM).
The lawyer will ask the young person questions about the charge or charges. As well as their family, where they live, what school they go to, if they have a job and what types of support they might need.
The Aboriginal Youth Justice Officer assists Aboriginal and Torres Strait Islander people by providing culturally appropriate information. A young person can ask them questions and talk to them.
The lawyer will explain to the Court why the young person should get bail.
The Judge or a Magistrate will make the final decision about whether to give the young person bail.
If the Court decides they need more information before deciding, the Court may ask Youth Justice to look at the case and write a bail assessment report. This report will give the court information about where the young person can live, and what help they may need so they can come back to court on the next court date.
If the Court gives a young person bail, they must follow all the rules in their bail agreement.
The Court will make sure the young person understands the bail agreement before signing.
If a young person would like to change the bail agreement, they can speak to their lawyer who can apply to the Court for the bail to be changed.