If a child offends

When a young person is charged with an offence, a Queensland police officer will issue them with either a notice to appear (directing the young person to attend court on a specified date), arrest them and grant watch house bail (allowing for them to be released from custody), or hold them in custody until their court appearance (being remanded in custody).

Regardless of which way the child in care is brought before the court, it is important that parents/carers attend court in support of the child, and to know that they are generally required to be at court. This shows the court that the young person has support and the court can speak to you in relation to any concerns they may have about the young person, for example issues with supervision, the young person’s general behaviour at home, progress at school etc.

When a young person attends court, a duty lawyer will speak to them prior to their appearance in relation to their matters. A Magistrate presides over all Childrens Court matters and is referred to as “Your Honour”. When the Magistrate enters or leaves the court room, everyone will be asked to stand. At the bar table in front of the Magistrate sits the prosecutor, the duty lawyer, the young person and the youth justice court officer. Once the young person enters the court room, there is the expectation that they will be respectful to court staff and answer any questions truthfully. Carers/family members sit at the back of the court room, however may still be asked for information. When the Magistrate speaks directly to you, it is the expectation that you will stand prior to responding.

There are a number of outcomes that can occur as a result of the court process:

• the matters can be put over to another date, meaning the young person will need to return to court on that date (it is important that you attend all subsequent appearances in support of them)
• the matters can be sentenced to an unsupervised or supervised order (depending on the nature of the offences and the young person’s offending history)
• the matters may be discharged.

Regardless of the outcome, someone will speak with you and the child in care following court to explain what has occurred and your responsibilities from that point for example, whether you are required to wait until the child signs a bail undertaking, or take them to a youth justice service centre to report, etc.