The Law Handbook 2024

Chapter 1.4: The Children’s Court 45 In committal proceedings, it is usual for only the prosecution evidence to be given. The young person’s lawyer is allowed to question the prosecution witnesses. It is unusual for the young person to give evidence at this stage, and this should not be done unless a lawyer has advised it. If the magistrate does commit the matter for trial, the young person will either be released on bail or held in custody until the trial takes place. Criminal appeals against Children’s Court decisions If a young personbelieves that they have beenwrongly found guilty, or that the penalty imposed is too harsh, an appeal can be made to the County Court against the magistrate’s decision (s 424 CYF Act). There are two instances where an appeal must be made to the Supreme Court: first, where the decision has been made by the president of the Children’s Court and second, where the appeal is against an interim order. If a young person wishes to appeal, they must do so within 28 days. The young person will be asked to sign an undertaking to proceed with the appeal before an authorised person (usually a court registrar). That person will advise the young person of the date set for the hearing of the appeal. The Department of Public Prosecutions ( DPP ) may appeal to the County Court against a sentence handed down in the Children’s Court if satisfied that an appeal should be brought because the sentence is manifestly inadequate (s 427). If the County Court replaces a non-custodial sentence with a custodial sentence, the young person may, with the leave of the Court of Appeal, appeal to that court (s 430R). Detention and parole for young people Young people in detention After a magistrate has decided that a young person is to be placed in custody, they will be taken to the Melbourne Youth Justice Centre, unless bail has been granted. The CYF Act (s 482(2)) states that young people in detention are entitled to: • have their developmental needs catered for; • be visited by their family and their lawyer (subject to s 501); • have reasonable efforts made to meet their medical, religious and cultural needs; • receive information about the rules of the detention centre, and the rights and responsibilities of the centre’s staff and detained young people; • complain to the Secretary of the DFFH or the Ombudsman about the standard of care, accommodation or treatment; and • be informed of the above entitlements. During the term of the sentence, a young person can be given a permit for temporary leave of absence to work, attend school, participate in a sporting or recreational activity, attend a hospital or medical appointment, attend a funeral, assist the police, seek work or live in specified accommodation (e.g. a hostel) (s 485). The young person must carry the permit at all times during the temporary leave. Young people and parole The Youth Parole Board may order a young offender to be released on parole (s 458 CYF Act). The board can cancel parole at any time (s 460). If a young person is sentenced to more than three months at a youth detention centre for a further offence committed during parole, the Youth Parole Board may cancel that parole, even if the period of parole has ended (s 460(4)). The Youth Parole Board has the power, if cancelling parole, to deduct the time or part of the time spent on parole (having regard to the extent and manner in which the young person complied with the parole order) in determining the unexpired portion of detention (s 460(7)). The Youth Parole Board has the power to transfer a young person from a youth justice centre to prison in certain circumstances (s 467). In exercising its duties, the Youth Parole Board is not bound by the rules of natural justice (s 449). This means that, among other things, a young person does not have an automatic right to be heard or represented before the Youth Parole Board.