Commencement of proceeding for alleged offence by child at 12 or 13 years of age—record of reasons
4 Commencement of proceeding for alleged offence by child at 12 or 13 years of age—record of reasons
For the purposes of section 12(3)(c) of the Youth Justice Act 2024, the prescribed information is the following (if known)—
the child's name, date of birth and address;
the child's gender identity;
the child's cultural background and whether the child identifies as Aboriginal or Torres Strait Islander;
details about any other persons who were allegedly involved in the alleged commission of the offence;
whether the child has been the subject of any child protection reports, investigations or orders by a court.
For the purposes of section 12(4)(a) of the Youth Justice Act 2024, the prescribed form is Form 1.
Form 1—Criminal responsibility of child aged 12 or 13 years
Regulation 4
Youth Justice Act 2024
(Section 12)
criminal responsibility of child aged 12 or 13 years
It is presumed that a child who is 12 or 13 years of age cannot commit an offence, unless the prosecution proves beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong (see section 11 of the Youth Justice Act 2024).
Section 11(3) of the Youth Justice Act 2024 provides that whether the child knew that their conduct was seriously wrong—
is a question of fact; and
cannot be inferred merely from the fact that the child engaged in the conduct which constituted the offence; and
refers to the child's knowledge that it was seriously wrong in a moral sense to engage in the conduct that constitutes the physical element or elements of the offence.
Under section 12 of the Youth Justice Act 2024, before deciding to commence a proceeding for an offence allegedly committed by a child at 12 or 13 years of age, a police officer must have regard to whether it appears that there is admissible evidence to prove beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong. As far as practicable, the police officer must consider the 4 matters set out below.
If the police officer decides to commence a proceeding for the alleged offence, the reasons why it appears that there is admissible evidence to prove beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong, and any information, evidence or other matter considered by the police officer in making this decision, must be recorded below.
Note 1—This form must be filed in the court with the charge-sheet at the commencement of the proceeding. A copy of this form must also be served on the child. See sections 13, 37, 41, 53A, 110 and 117 of the Criminal Procedure Act 2009.
Note 2—If the child is alleged to have committed more than one offence at 12 or 13 years of age, a police officer must separately assess the child's criminal responsibility in relation to each offence, and record each assessment in this form.
DETAILS OF CHILD
Name: [name]
Date of birth: [dd/mm/yyyy]
Address: [address or current living situation]
Alleged offence(s): [name and date(s) of offence(s) allegedly committed when the child was 12 or 13 years of age]
Alleged co-offender(s): [specify name and details of co-offenders (e.g. age, whether they were charged for the offence, outcome of charge)]
What is the child's gender identity?
Male | Female | Other | Prefers not to say |
If "other" is selected, please provide details: [specify details of gender identity]
Does the child identify as Aboriginal and/or Torres Strait Islander?
Yes | No | Unknown |
Is the child from a culturally or linguistically diverse background?
Yes | No | Unknown |
Please provide details: [specify details of child's background]
Has the child been the subject of any child protection reports, investigations or court orders?
Yes | No | Unknown |
Please provide details: [describe child's involvement with child protection]
MATTERS TO WHICH POLICE OFFICER MUST HAVE REGARD
As far as practicable, I have had regard to the matters in section 12(2) of the Youth Justice Act 2024 when considering [name of child]'s criminal responsibility for *the/*each alleged offence—
1. Information available about the child's age, maturity and stage of development
[Describe any information available about the child's age, maturity and stage of development. For example, has the child experienced delays in their intellectual or social development? Has the child experienced any abuse, neglect or other trauma which may have impacted their development? This information could be requested from the child's parent or carer or a child protection worker.]
2. Information available about whether the child has a disability or a mental illness
[Describe any information available about whether the child has a disability or a mental illness. For example, a disability may include an intellectual disability or a neurodevelopmental disorder. See section 3(1) of the Youth Justice Act 2024 for definitions of disability and mental illness. This information could be requested from the child or the child's parent or carer.]
3. Previous decision(s) by a court or any person about whether the child could be held criminally responsible for any other conduct
[Describe any previous decision(s) by a court or any person about whether or not the child could be held criminally responsible for any other conduct. For example, has a police officer previously decided not to charge the child, or has a prosecutor previously decided to withdraw a charge, because it appeared the child was not criminally responsible for their alleged conduct? Has a court previously found the child guilty of any offence?]
4. Any other matter(s) relevant to the criminal responsibility of the child or the circumstances of the alleged offending
[Specify relevant alleged offence(s) and describe any other matter(s) relevant to the criminal responsibility of the child or the circumstances of the alleged offending for each offence. For example, if the child was interviewed about the alleged offending, what comments (if any) did the child make?]
DECISION TO CHARGE AND COMMENCE A PROCEEDING
I [name of police officer] have decided to commence a proceeding for the offence(s) specified above allegedly committed by [name of child] when they were *12/*13 years of age.
In deciding to commence a criminal proceeding for *that/*each offence, I have considered whether it appears that there is admissible evidence to prove beyond reasonable doubt that the child knew at the time of the alleged commission of *the/*each offence that their conduct was seriously wrong, having regard to section 11(3) of the Youth Justice Act 2024. I have considered the 4 matters under section 12(2) of that Act, as set out above.
The reasons why it appears that there is admissible evidence to prove beyond reasonable doubt that the child knew at the time of the alleged commission of *the/*each offence that their conduct was seriously wrong are:
[describe reasons for each alleged offence]
Additional notes (optional):
[e.g. describe the steps that were taken to collect information relevant to the assessment of the child's criminal responsibility]
DETAILS OF POLICE OFFICER
Name, rank and number:
Address: [police station or branch]
Signed: [signature]
Date: [dd/mm/yyyy]
DETAILS OF AUTHORISING POLICE OFFICER
Name, rank and number:
Address: [police station or branch]
Signed: [signature]
Date: [dd/mm/yyyy]
*Delete if not applicable.
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