The District Courts Act itself says nothing about children. The answer comes from the Juvenile Justice Act 2014, which replaced the Juvenile Courts Act and reorganised how young people are dealt with.
Who is a juvenile
The 2014 Act applies to a person under the age of 18. Section 18(2)(b) requires a Juvenile Court to discharge a person who was under 10 at the time of the offence, reflecting the age of criminal responsibility, and section 18(1) removes from the Juvenile Court anyone who was 18 or older at the time. Section 4 provides for determining age where it is in doubt. The Magistrates’ Manual’s references to the Child Welfare Act and to children under 16 describe the earlier law and are superseded.
The Juvenile Court
The Minister may by notice in the National Gazette establish a Juvenile Court in and for an area (s 14). The Chief Magistrate appoints as Juvenile Court Magistrates such magistrates as have the necessary qualifications, training and experience (s 15).
A Juvenile Court has exclusive jurisdiction in its area (a) to hear and determine summarily an offence punishable on summary conviction and otherwise triable in a District Court; and (b) if the juvenile is charged with an indictable offence, to hear and determine the charge summarily in accordance with the Act, other than homicide, rape or any other offence punishable by death or life imprisonment (s 17).
A Juvenile Court is staffed by District Court magistrates, so in practice it is a District Court sitting under a different Act and procedure. Section 22 applies Part XII of the District Courts Act, the protection of magistrates, to a magistrate acting under the 2014 Act.
When there is no Juvenile Court
If (a) a Juvenile Court has not been established in an area; or (b) one has been established but a Juvenile Court Magistrate has not been appointed or is absent; or (c) it is impracticable for a juvenile to be brought before a Juvenile Court in that area, a court of summary jurisdiction may exercise the jurisdiction conferred on a Juvenile Court.
Such a court (a) shall, so far as practicable, sit and conduct proceedings in accordance with this Act; (b) may hear and determine summarily an offence punishable on summary conviction; (c) may impose any order under section 80, other than an order for custody or imprisonment; and (d) if the offence is of sufficient gravity, may order that the case be heard by a properly constituted Juvenile Court.
This is the provision under which an ordinary District Court deals with a child. Two limits stand out: it must follow the 2014 Act’s procedure, including closed court under section 69 and the presence of a parent under section 67, and it cannot send the child to custody.
Homicide, rape and life-imprisonment offences
Section 20 keeps the most serious cases in the National Court. Where a juvenile is charged with homicide, rape or another offence punishable by death or life imprisonment, the Juvenile Court deals with the committal proceedings and the National Court hears the trial. Where a juvenile faces two indictable charges, one of which is in that class, both go on indictment together, mirroring section 20(1C) of the District Courts Act. The National Court must, so far as practicable, conduct the trial in accordance with the 2014 Act.
What is different about a juvenile case
| Stage | Rule | Section |
|---|---|---|
| Police | Must consider alternatives to charging; may warn or refer to a community based conference; the Arrest Act applies with modifications | ss 38–42 |
| Bail | The Bail Act applies; a juvenile may be released to a parent or responsible person and must not be refused bail solely on certain grounds | ss 54–58 |
| Hearing | Closed court; parents required to attend; Juvenile Justice Officer present; time limits on adjournments | ss 66–71 |
| Diversion | The Court may divert the case, or dismiss a charge where the juvenile should have been diverted | ss 43, 62 |
| Sentence | Sentenced only under Part IX; custodial sentences restricted; certain punishments prohibited | ss 75–86 |
| Publicity | Publication of proceedings restricted | s 112 |
Appeals
Section 92 sends an appeal from a Juvenile Court, or from a court of summary jurisdiction exercising juvenile jurisdiction, to a court constituted by a Principal Magistrate, on a notice lodged within 60 days. Section 93 sends an appeal from a Juvenile Court constituted by a Principal Magistrate to the National Court, conducted under Part XI of the District Courts Act but without the recognizance on appeal that section 222 would otherwise require. The grounds in section 91 all require a substantial miscarriage of justice.
Children in civil cases
None of this affects civil claims. Section 39 of the District Courts Act lets a person under 21 sue, and a person of 16 or over be sued, as if of full age, subject to the Court’s power to require a next friend or guardian. See young people in civil cases. Child protection and custody are the work of the Family Court under the Lukautim Pikinini Act 2015.
Before relying on anything here, read the current text of the District Courts Act (Chapter 40) and check for later amendments. The Act is not on PacLII; the figures and time limits quoted in this series come from the consolidation to No 8 of 2000, and the District Courts (Amendment) Act 2009 changes some of them once it is brought into operation. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.