Youth crime

Youth crime

Practice tools

We have checklists, practical tips and handy hints which may be useful references for lawyers practising in youth crime, particularly in the Criminal Division of the Children’s Court.

Guides

Taking instructions from children is different to dealing with adults and many additional factors need to considered. These guides can be used to assist lawyers through the advice and instruction-taking process, both generally and where the police are required to interview the child.

Records of assessments and instructions

Record keeping is very important with child clients. Especially if they are about to be interviewed by police, are under 14 years of age at the time of the offence, or where there could be fitness and/or mental impairment issues. These forms ensure that all important topics are dealt with and proper records are retained.

Doli incapax, mental impairment and fitness to plead checklists

These areas of law are complex. To make it clearer, we have prepared checklists that are a step-by-step guide to conducting casework where doli incapax, fitness to plead and/or mental impairment may be in issue. They also include references to the relevant legislation and time limits where applicable.

  • Checklist – doli incapax (docx, 124.73 KB)
    Checklist to assist in the preparation of matters where doli incapax relevant. Lawyers to complete this checklist in all cases where a child is under 14 at the time of the offence and the lawyer considers that the principle of doli incapax might apply.
  • Checklist – fitness to plead (docx, 126.68 KB)
    Checklist to assist in the preparation of matters where fitness to plead in issue. Checklist to be completed where lawyer considers fitness to plead might be an issue regardless of the age of the child.
  • Checklist – mental impairment (docx, 125.9 KB)
    Checklist to assist in the preparation of cases where mental impairment in issue. Checklist to be completed in cases where the child was aged 14 or more at the time of the offence and the lawyer considers that mental impairment might be in issue.

Supporti​ng documents

More information

We also have other content associated with this topic. Youth crime subset private practitioner panel lawyers may request access to the following content: