Children (Criminal Proceedings) Act 1987 (NSW)

Children (Criminal Proceedings) Act 1987 No 55

An Act with respect to the conduct of criminal proceedings against children and other young persons.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Children (Criminal Proceedings) Act 1987.

2 Commencement (1) Sections 1 and 2 shall commence on the date of assent to this Act. (1A) Section 9 commences on the date that section 9 (2) is repealed by the Children (Criminal Proceedings) Amendment Act 2008. (2) Except as provided by subsection (1), this Act shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.

3 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— adult means a person who is of or above the age of 18 years. authorised justice means— (a) a Magistrate, or (b) an authorised officer within the meaning of the Criminal Procedure Act 1986. child means a person who is under the age of 18 years. Children's Court means the Children's Court of New South Wales constituted by the Children's Court Act 1987. court attendance notice means a court attendance notice issued under Division 1 of Part 2 of Chapter 4 of the Criminal Procedure Act 1986. detention centre has the same meaning as it has in the Children (Detention Centres) Act 1987. juvenile justice officer means a juvenile justice officer employed in the Department of Juvenile Justice. parental responsibility, in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children. person responsible, in relation to a child, means— (a) a person having parental responsibility for the child, or (b) a person who has the care of the child (whether or not the person has parental responsibility for the child). person subject to control has the same meaning as it has in the Children (Detention Centres) Act 1987. regulation means a regulation made under this Act. road transport legislation has the same meaning as it has in the Road Transport Act 2013. serious children's indictable offence means— (a) homicide, (b) an offence punishable by imprisonment for life or for 25 years, (c) an offence arising under section 61J (otherwise than in circumstances referred to in subsection (2) (d) of that section) or 61K of the Crimes Act 1900 (or under section 61B of that Act before the commencement of Schedule 1 (2) to the Crimes (Amendment) Act 1989), (c1) an offence under the Firearms Act 1996 relating to the manufacture or sale of firearms that is punishable by imprisonment for 20 years, (d) the offence of attempting to commit an offence arising under section 61J (otherwise than in circumstances referred to in subsection (2) (d) of that section) or 61K of the Crimes Act 1900 (or under section 61B of that Act before the commencement of Schedule 1 (2) to the Crimes (Amendment) Act 1989), or (e) an indictable offence prescribed by the regulations as a serious children's indictable offence for the purposes of this Act. traffic offence means an offence arising under a provision of— (a) the road transport legislation, (b) the Roads Act 1993, (c) the Motor Accidents Compensation Act 1999, or (d) the Motor Vehicles (Third Party Insurance) Act 1942, or (e) the Recreation Vehicles Act 1983, in respect of the use, standing or parking of a motor vehicle within the meaning of that provision.