New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987

- As at 30 October 2023 
- Act 55 of 1987 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - CRIMINAL PROCEEDINGS GENERALLY

           Division 1 - Preliminary

   4.      Application
   5.      Age of criminal responsibility
   6.      Principles relating to exercise of functions under Act
   7.      Jurisdiction of Children's Court not to be exercised by certain other courts
   7A.     Courts may rely on apparent age of defendants

           Division 2 - Commencement of proceedings

   8.      Commencement of proceedings
   9.      Expedition where child in custody
   9A.     (Repealed)

           Division 3 - Hearings

   10.     Exclusion of general public from criminal proceedings
   11.     (Repealed)
   12.     Proceedings to be explained to children
   12A.    Bail applications
   13.     Admissibility of certain statements etc
   14.     Recording of conviction
   15.     Evidence of prior offences and other matters not admissible in certain criminal proceedings

           Division 3A - Publication and broadcasting of names

   15A.    Publishing and broadcasting of names prohibited
   15B.    Exception for official report of proceedings
   15C.    Exception for person convicted of serious children's indictable offence
   15D.    Exception for publication or broadcasting with consent
   15E.    Exception where child deceased
   15F.    Exception for traffic offences not dealt with by Children's Court
   15G.    Functions of court officials not affected

           Division 4 - Penalties

   16.     Application
   17.     Serious children's indictable offences
   18.     Other indictable offences
   19.     Court may direct imprisonment to be served as a juvenile offender
   20.     Remission of persons to the Children's Court for punishment
   21.     Rights of appeal where person remitted for sentence

           Division 5 - General

           22, 23. (Repealed)
   24.     Compensation
   25.     Background reports

   PART 3 - CRIMINAL PROCEEDINGS IN THE CHILDREN'S COURT

           Division 1 - Preliminary

   26.     Application
   27.     Application of Criminal Procedure Act 1986 and other Acts
   28.     Jurisdiction of the Children's Court
   29.     Jurisdiction in respect of 2 or more co-defendants who are not all children

           Division 2 - Commencement of proceedings

   30.     Adjournments

           Division 3 - Hearings

   31.     Hearing of charges in the Children's Court

           Division 3AA - Special provisions--child sexual assault offences

   31AA.   Application of Division
   31AB.   Prosecution may request that proceedings be dealt with on indictment
   31AC.   Taking of prosecution evidence
   31AD.   Prosecution witness may be directed to attend in limited circumstances
   31AE.   Evidence of witness directed to attend
   31AF.   Taking of evidence of accused person
   31AG.   Application of Criminal Procedure Act 1986
   31AH.   Regulations

           Division 3A - Committal proceedings

   31A.    Committal proceedings for offences
   31B.    Evidence in committal proceedings
   31C.    Statements may be admitted as evidence
   31D.    Statements must comply with requirements
   31E.    Children's Court may set aside requirements for statements
   31F.    Decision about committal or discharge
   31G.    Guilty pleas
   31H.    Guilty pleas and committal for sentence
   31I.    Committal may be set aside by Children's Court
   31J.    Application of procedural provisions
   31K.    False statements or representations
   31L.    Regulations

           Division 4 - Penalties

   32.     Application
   33.     Penalties
   33A.    Cumulative or concurrent orders etc
   33AA.   Cumulative or concurrent orders--assault on juvenile justice officers
   33B.    Guilty plea to be taken into account
   33C.    Application of Crimes (Sentencing Procedure) Act 1999 to children
   33D.    Non-association and place restriction orders
   34.     Restrictions on the imposition of control orders etc
   35.     Reasons for decision to be given
   36.     Compensation
   37.     Term of control order
   38.     Destruction of photographs, finger-prints etc

           Division 5 - General

   39.     Definitions
   40.     Variation of good behaviour bond or probation
   41.     Enforcement of conditions of good behaviour bond or probation or compliance with outcome plan
   41A.    Provisions applicable where control order suspended subject to good behaviour bond
   42.     Action may be taken after good behaviour bond has expired
   42A.    Children's Court may make orders regarding court costs

   PART 4 - MISTAKE IN EXERCISE OF JURISDICTION

   43.     Definition
   44.     Remission of cases on account of defendant's age
   45.     Review of decisions where mistake as to age
   46.     (Repealed)
   47.     Exclusion of damages and compensation
   48.     Section 5 not affected

   PART 4A - (Repealed)
   None

   PART 5 - MISCELLANEOUS

   49.     Proceedings for offences
   50.     Act is generally subject to Bail Act 2013
   50A.    Procedures for remitting cases from one court to another
   50B.    Special provision relating to drug rehabilitation programs
   51.     Regulations
   52.     Savings and transitional provisions
           Schedule 1 (Repealed)
           SCHEDULE 2