What to expect at the Youth Justice Court

Find out how to get legal advice.

A young person's lawyer could be any of the following:

• a private lawyer
• a Northern Territory Legal Aid lawyer
• a Northern Australian Aboriginal Justice Agency (NAAJA) lawyer
• a Central Australian Aboriginal Legal Aid Service (CAALAS) lawyer.

Young people should go to court with a parent, alternative family member or carer, who is legally responsible for them.

This person should speak to the lawyer who is representing the young person when they arrive at court.

Young people may have to go to court more than once before their case is finished.

Darwin

If the young person must attend Youth Justice Court in Darwin, they should go to the Children's Court at the TCG Centre, 80 Mitchell Street.

Alice Springs, Katherine or a remote community

If the young person is attending Youth Justice Court in Alice Springs, Katherine or any remote community, they may need to ask a court officer to help find the courtroom for that day.

Young people on remand in detention

A young person who is on remand in detention will be taken to court by an officer from the Department of Corrections.

Find out more about young people remanded in detention.

The different types of cases a young person may face are listed below.

Mention

This is where the lawyers and judge speak briefly about what kind of case the young person should have.

Bail application

The lawyer for the young person in detention may ask the judge to allow them to stay in the community or release them from detention under supervision or other restrictions.

If the judge agrees to release a young person from court, they may be placed under some restrictions.

These restrictions can include any of the following:

• a curfew, including electronic monitoring
• reporting to a probation and parole officer, for supervision or to help with information to write a report for the court
• taking part in a program.

If the judge does not release the young person they will have to stay in detention until their next court date.

Case management inquiry

This involves the judge asking questions of the lawyers and government services about where the case is up to.

They set another day for the young person to come to court again.

Hearing

This is where a young person does not want to plead guilty to an offence.

Witnesses come to court and answer questions about the incident involving the young person.

A hearing may involve more than one court appearance.

Preliminary examination paper

This is where the judge, the prosecutor and the lawyer for the young person agree the type of crime the young person has been involved in is too serious to be in the Youth Justice Court.

This is a brief hearing. The young person's case is then transferred to the Supreme Court.

Preliminary examination oral

This is when the prosecutor has asked the judge to consider sending the young person to the Supreme Court because they have been involved in a serious crime.

Plea

This is when a young person has agreed to plead guilty to an offence.

The charges will be read out to the young person and they will have to answer ‘guilty’.

The judge may then decide at the end of the hearing whether the young person is guilty or not.

If they are found guilty the judge may ask for an assessment before they are sentenced.

Assessments for young people

The court may ask government services to write reports to help make the best decision about a young person.

Probation and parole officers write reports, which can include information that help the court to:

• understand more about a young person's risks and needs, and what may have influenced a young person to break the law
• provide information about the young person and their family
• understand whether they are suitable for the type of community-based order the judge is considering
• be sure they can be managed by Community Corrections while living in their identified community.

The young person will be interviewed by a probation and parole officer and depending on the type of report, can take from a couple of days and up to several weeks.

The probation and parole officer should go through the report with the young person and their family or carer.

If the young person, their family or carer don't agree with the report, they should talk to the probation and parole officer first, then to the young person's lawyer.

There are many different types of sentences that a court can give a young person.

The type of sentence depends on the seriousness of the young person's crime and their circumstance.

A court could do any of the following:

• continue the young person's bail, which may include electronic monitoring, with or without supervision
• order a young people attend a diversion program
• let the young person go with a warning and no penalty
• give the young person a fine
• order the young people to do community work
• put the young person on a good behaviour bond with or without supervision
• release the young person under certain supervision conditions
• order alternative detention, where the young person is released to home detention on strict restrictions, which may include electronic monitoring
• order a young person go to a detention centre for a period of time
• suspend their order to send a person to detention - which means a young person is released and may be on probation and under supervision.

If a judge thinks the young person has committed a serious crime, they may also have to go to the Supreme Court.

This is called being committed to the Supreme Court.

There is a Supreme Court in Darwin and Alice Springs.

Family, carers and friends can attend.

The case against the young person will this time be heard in the Supreme Court.