Policy Bulletin 2022/10 Crime Policy: Children

7 Dec 2022

The Legal Aid NSW CEO has approved some minor amendments to simplify the current policies and replicate all existing policies relating to criminal matters involving children and young people in one place.

Background

The Client Eligibility Unit undertook a review of the criminal law policies that affect children and young people. The Review found that there is scope to simplify the criminal law policies applying to children and young people. The Review recommended that matters for which legal aid is available to children and young people in the Local Court are replicated in the policies for the Children’s Court. The changes do not expand existing policies, but rather ensure consistency in application of the policies and reflect the current practice of solicitors.

  • What has changed?

    The minor amendments to Crime policy 2.1 Children are intended to clarify the policies, ensure consistency, and assist practitioners by having all policies relating to children’s criminal law matters in one place. This includes:

    • Mirroring existing criminal law policies in Crime policy 2.1 Children, but with appropriate changes for children and young people, such as making it clear there is no requirement to satisfy the Means Test. This includes some Local Court policies (eg annulments, forensic procedures, mandatory disease testing), Supreme Court bail, ADVO and APVO matters, parole matters and variations of a bond or probation order.
    • A note in Crime policy 2.1.1 Criminal matters in the Children's Court to make it clear that the policy applies to people up to the age of 21 years in the rare instances where they were a child at the time of the offence but are an adult when the matter is heard in the Children’s Court.
    • Minor formatting and style changes to the existing policies in 2.1 Children.

    Some consequential amendments have been made to other Criminal Law policies that will provide clarity and refer practitioners to the appropriate policy for matters involving children and young people.

    For details please see Crime policy 2.1 Children.

Commencement date

The change applies from 5 December 2022.

Contact for further information

Email Senior Solicitor, Anna Coffey at Client Eligibility Unit