Being a Childrens Court Magistrate, my job is to consider all submissions and determine an appropriate sentence in accordance with the law and other relevant sentencing principles.
Determining an appropriate sentence is a complex process in which I must balance a range of factors in accordance with the law.
Sentencing a young person aged under 18 requires different considerations to sentencing an adult. I am required to consider the youth justice principles outlined in the Youth Justice Act 1992. These aim to balance the rights of the community to be protected from offences with the need to protect the rights and physical and mental wellbeing of children.
I am required to balance the importance of holding children accountable for their actions with the principle that they should be diverted from the criminal justice system as far as possible.
If a child pleads guilty, the legislation requires me to consider referring the offence to Youth Justice for a restorative justice process instead of sentencing them.
If a finding of guilt is made, I must consider making a referral for a restorative justice process to help me make an appropriate sentence order. Once I have decided an appropriate outcome, I am required to provide reasons for my decision.
I have to take steps to make sure that the child understands the purpose and effect of the order I make, and any consequences that may follow if he or she fails to comply with it.