A Change in the Law for Child Offenders: The Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010

This article deals with the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010. The author considers the significant changes this Act introduces, specifically the provisions dealing with child offenders, and how the crossover between youth justice and family jurisdiction in this area will lead to implications for family lawyers. The article concludes that the final form of the changes to the child offender provisions in the CYPF Act are better than what was expected, as it is only a small and specified class of child offenders who will be affected. The author also highlights existing protection for accused children who lack understanding and capacity, such as the principle of doli incapax and the power of the Youth Court judges to refer children back to the informant for care and protection proceedings.