Children's Court

Children's Court Clinic Drug Program (CCCDP)

If you are under 18 at the time of the alleged offence and under 19 at the court hearing, your matter will be heard in the Children's Court (unless it is a charge of murder or manslaughter).

Penalties in the Children's Court may be any of the following:

Charge proven and dismissed.
An undertaking (unaccountable or accountable) for six to 12 months (without conviction). This is a promise to the court not to reoffend.
A good behaviour bond for up to 12 months (without conviction). The bond is a promise to the court to be of good behaviour and to come to court if this promise is broken. If you have to come back to court, you may have to pay the amount of the bond (normally $100) or be breached on your bond.
Deferral of sentence for up to four months. A magistrate can defer your case for up to four months to see how you go. They may also order a 'presentence' report to be prepared by Juvenile Justice.
A fine (with or without conviction). However, a magistrate must consider a young person's capacity to pay the fine and won't make the fine unless the young person can pay for it.
Probation for up to 18 months (with or without conviction). This means that you have to report to a probation officer who supervises you and you must take up any suggestions they have for support.
Youth Supervision Order (with or without conviction). This is like probation but more intensive and may include some community work as directed by the Department of Human Services.
Youth Attendance Order for up to one year (with conviction). This can only be given if a magistrate would be otherwise sentencing you to a Youth Training Centre. Involves going to a Youth Attendance Project for up to 10 hours per week (four of these hours may be community service work). A breach of a youth attendance order normally means that you will be sentenced to a Youth Training Centre.
Sentenced for a period of time in a Youth Residential Centre if under 15 (with conviction).
Sentenced to a Youth Training Centre if over 15 (with conviction).

Children's Court Clinic Drug Program (CCCDP)

This program provides for assessment, referral and treatment of children who:

are appearing in the Criminal Division of the Court;
have a substance use problem; and
are not on any other current court order with a drug treatment condition.

If the presiding judicial officer decides it is appropriate, the matter will be adjourned and the child and family will be ordered to attend the Children's Court Clinic for a comprehensive drug and alcohol assessment and development of a treatment plan. If the child is assessed as eligible and both the child and the child's guardians agree, sentencing can be deferred for up to four months while the child participates in treatment such as counselling, youth outreach, withdrawal services and supported accommodation.

The child may also have regular appointments with the drug clinician. Some families may also participate in the program. A final report on the child's progress will be taken into account by the court when sentencing the child.

For further information about the program, contact the Senior Drug Clinician at the Children's Court Clinic (tel: 8601 6750).