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;