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What to expect in court

After a child or young person is arrested and brought to the Youth Courts, the court will:

  • Explain the offence in simple language.
  • Ask whether the child or young person admits to the offence.

The child's or young person's answer will determine what happens next:

Answer What happens
If child or young person admits (pleads guilty)

A subsequent hearing for the dispositional order will be made.

  • The youth offender will in the meantime be remanded or released on bail, should bail be offered.
  • The parents or guardian may be asked to present mitigating factors to the court.
  • The judge may call for a probation suitability report.
If child or young person does not admit (claims trial)There will be a trial to determine if the child or young person is guilty.

If the child or young person claims trial

The court will arrange for a separate trial hearing on another day if the child or young person does not admit to the offence.

During the trial, the prosecution will present their case first, followed by the child or young person.

Note
The child's or young person’s parents or guardian can conduct the defence if the child or young person is not represented by a lawyer.

The child's or young person's lawyer, parents or guardian will have the opportunity to:

  • Present evidence and make a statement to explain the case.
  • Call and examine witnesses.
  • Cross-examine the prosecution's witnesses.

Note: If you are unsure if a witness is willing to turn up, you can make a request in court to summon the witness.

The child or young person can plead guilty at any time during the trial.

There are two possible outcomes from this trial:

Verdict Outcome
If child or young person is found guilty or pleads guilty The court will decide on the appropriate orders.
If child or young person is found not guilty The hearing will end and the child or young person goes free.

Mitigation by the parents or guardians

After a youth offender has pleaded guilty or been found guilty, the youth offender's parents or guardian can help to mitigate.

This means they can try to persuade the court to give the youth offender a lighter dispositional order, such as probation. They may highlight the youth offender’s positive traits, behaviour or character.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may seek independent legal advice or community resources.

Find out more

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