Young people and going to court

Introduction

If a young person is charged by the police before they turn 18 years old, they may have to go to court.

They will first have to go to Youth Justice Court. 

A young person will be told they have to go to court by a written notice to appear, summons or bail paper.

If they can't go to court on that day, and have a very good reason, they will have to organise a new court date.

If they ignore the court date, they may have to be arrested and taken to court. 

Often a young person may have to go to court more than once before their case is finished.

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


Arriving at the Youth Justice Court

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

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

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.

The young person and their family member or carer should speak to the lawyer representing the young person when they arrive at court. 

Their lawyer could be any of the following:

  • a private lawyer
  • a Northern Territory Legal Aid lawyer
  • a Northern Australian Aboriginal Justice Agency lawyer 
  • a Central Australian Aboriginal Legal Aid lawyer

Find out how to get legal advice.

Young people on remand in detention

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

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

Find out more about young people remanded in detention.


Inside the Youth Justice Court

The judge sits on the bench at the front of the courtroom, and lawyers sit facing them on another bench.

Usually anyone can sit behind the lawyers and listen to the evidence. However, in some cases the judge may ask people to leave the courtroom and stop some evidence from being published in the media.

When this happens the judge will advise the courtroom the matter is now in 'closed court'.

You should do all of the following inside the court:

  • bow to the judge when entering and leaving a courtroom
  • enter and leave the courtroom quietly
  • not talk, eat or chew gum
  • turn off your mobile phone
  • remove your sunglasses or hat.

Find out more about courtroom rules.

Types of cases in the Youth Justice Court

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. 

Read about the types of sentences for young people.

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 carer. 

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


Types of sentences for young people

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.

When a young person is sent to the Supreme Court

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

This is called being committed to the Supreme Court.

There is a Supreme Court in Darwin and Alice Springs. Family members and friends can attend the Supreme Court.

The case against the young person will run again in the Supreme Court – but this time in front of a Supreme Court Justice.

Read what happens inside the Supreme Court.


Inside the Supreme Court

The Supreme Court Justice sits on the bench at the front of the courtroom, and lawyers sit facing him on another bench.

Members of the public and family can sit in the chairs behind the lawyers. Anyone can sit in the courtroom and listen to the evidence.

In some cases, the Supreme Court Justice may ask people to leave the courtroom and stop some evidence from being published in the media.

When inside the court you should:

  • bow to the Supreme Court Justice when entering and leaving a courtroom
  • enter and leave the courtroom quietly
  • not talk, eat or chew gum
  • turn off  your mobile phone
  • remove your sunglasses or hat.

Find out more information about courtroom rules.

Types of cases in the Supreme Court for a young person

Mention

This is where the lawyers and Supreme Court Justice 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 Supreme Court Justice to allow them to stay in the community or release them from detention under supervision or other restrictions.

If the Supreme Court Justice 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 ot help with information to write a report for the court
  • reporting to their local police station on a regular basis
  • taking part in a program.

If the Supreme Court Justice doesn't release the young person they will have to stay in detention until their next court date.

Jury trial

This is when the young person's case is heard in front of a judge and group of people from the community - known as a jury.

The prosecutor will tell the court about the incident the young person was allegedly involved in.

The lawyer for the young person will tell the court why the young person should not be held responsible for the incident.

The jury will then say whether they think the young person is guilty or not guilty. This is called a verdict.

If the jury says the young person is guilty, the Supreme Court Justice will then give the young person a sentence.

This may be done another day. The Supreme Court Justice may ask for a pre-sentence report. 

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 Supreme Court Justice 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 is being considered
  • 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 carer.

If you don't agree with the report, talk to the probation and parole officer first, then to the young person's lawyer.


Appealing a youth court decision

If you want to appeal a court’s decision against a young person you should read appeal or dispute a court decision.


Official visitors in youth detention centres

Official visitors are appointed members of the community who visit Northern Territory (NT) youth detention centres. Their role is to provide independent assessments of the treatment and conditions of young people.

They are appointed by the minister responsible for youth justice and are independent from the youth justice system and government departments.

Appointment

An official visitor is appointed by the minister for 3 years to:

Responsibilities

Official visitors do all of the following:

  • visit a youth detention centre once a month
  • meet with youth detainees to identify, and where possible, address concerns
  • provide a report about the visit in writing to the minister within 2 weeks of each visit
  • consider the Youth Justice Act 2005 and regulations when preparing reports.

They must not interfere with or instruct on how young people are controlled or managed.

Contact

For more information, contact Youth Justice Operations by emailing tfhc.youthjusticeunit@nt.gov.au.