3BDetermination in relation to a child

3B Determination in relation to a child S. 3B(1) amended by No. 26/2017 s. 14(2), substituted by No. 28/2023 s. 35. (1) In making a determination under this Act in relation to a child, a bail decision maker must take into account (in addition to any other requirements of this Act) the following issues— (a) the child's age, maturity and stage of development at the time of the alleged offence; S. 3B(1)(b) amended by No. 8/2025 s. 5. (b) the need to impose on the child the minimum intervention required in the circumstances; S. 3B(1)(c) amended by No. 32/2024 s. 780(1). (c) the presumption that a child who is 12 or 13 years of age cannot commit an offence; Note to s. 3B(1)(c) inserted by No. 32/2024 s. 780(2). See section 11 of the **Youth Justice Act 2024**. (d) the need to preserve and strengthen the child's relationships with— (i) the child's parents, guardian and carers; and (ii) other significant persons in the child's life; (e) the importance of supporting the child to live at home or in safe, stable and secure living arrangements in the community; (f) the importance— (i) of supporting the child to engage in education, or in training or work; and (ii) of that engagement being subject only to minimal interruption or disturbance; (g) the need to minimise the stigma to the child resulting from being remanded; (h) the fact that time in custody has been shown to pose criminogenic and other risks for children, including— (i) a risk that the child will become further involved in the criminal justice system; and (ii) a risk of harm; (i) the need to ensure that the conditions of bail— (i) are no more onerous than is necessary; and (ii) do not constitute unfair management of the child; (j) the fact that some cohorts of children, including the following cohorts, experience discrimination resulting in that cohort's over-representation in the criminal justice system— (i) Aboriginal children; (ii) children involved in the child protection system; (iii) children from culturally and linguistically diverse backgrounds; (k) whether, if the child were found guilty of the offence charged, it is likely— (i) that the child would be sentenced to a term of imprisonment; and (ii) if so, that the time the child would spend remanded in custody if bail is refused would exceed that term of imprisonment; (l) any of the following issues that arise— (i) any ill health the child experiences, including mental illness; (ii) any disability the child has, including physical disability, intellectual disability, cognitive impairment and developmental delay; (iii) the impact on the child, and on the child's behaviour, of any experience of abuse, trauma, neglect, loss, family violence or child protection involvement, including removal from family or placement in out of home care; (m) any other relevant factor or characteristic. If the child is also an Aboriginal person, the bail decision maker must also take into account the issues set out in section 3A(1). S. 3B(1A) inserted by No. 28/2023 s. 35. (1A) The bail decision maker is to take account of an issue set out in subsection (1) by reference to the evidence and information that is reasonably available to the bail decision maker at the time. S. 3B(1B) inserted by No. 28/2023 s. 35. (1B) Despite subsection (1A), the bail decision maker is to take account of the issues set out in subsection (1)(b) to (j) whether or not any evidence or information is before the bail decision maker in respect of those issues. S. 3B(2) amended by No. 26/2017 s. 14(2). (2) In making a determination under this Act in relation to a child, a bail decision maker may take into account any recommendation or information contained in a report provided by a bail support service. (3) Bail must not be refused to a child on the sole ground that the child does not have any, or any adequate, accommodation. S. 3C inserted by No. 43/2017 s. 37, amended by No. 3/2018 s. 23(2).