Could you clarify the procedure for a child below 16 years who has been charged with assault on another child within school premises (public)?
Is the child suspended or expelled from school usually? Is that something that schools MUST do (is there a specfic rule?) or can the parents work with the school to avoid suspension or expulsion?
Does he have to appear in a juvenile court?
What are the penalties which are usually imposed on the child?
Some schools deal internally with students by peer mediation or other intervention (suspension, etc...). Schools have the jusrisdiction to suspend or expel a student for acts of violence. However, the student has a right to be heard before such action is taken (with or without an adult)
If the assault is serious enough, it is the victim (or their parents) who will pursue the charges. Schools rarely become the complainant in such situations.
If the Department of Public Prosecutions (DPP) finds that there is sufficient evidence to prosecute, they will bring official charges against the young person. The young person will therefore be required to appear in Juvenile Court.
Sentencing Options for Juveniles (between 8 and 15 years) are noted in the article called 'Aged Based Legal Rights'. If the young person has to appear in Court it is best to seek legal aid (subject to being eligible) or private legal counsel as there is no Duty Counsel in Juvenile Court. If the young person pleads guilty or is found guilty, a lawyer can advocate for a sentence that will not impose a conviction.
Hi,
ReplyDeleteCould you clarify the procedure for a child below 16 years who has been charged with assault on another child within school premises (public)?
Is the child suspended or expelled from school usually? Is that something that schools MUST do (is there a specfic rule?) or can the parents work with the school to avoid suspension or expulsion?
Does he have to appear in a juvenile court?
What are the penalties which are usually imposed on the child?
Thanks a lot.
B.
Some schools deal internally with students by peer mediation or other intervention (suspension, etc...). Schools have the jusrisdiction to suspend or expel a student for acts of violence. However, the student has a right to be heard before such action is taken (with or without an adult)
ReplyDeleteIf the assault is serious enough, it is the victim (or their parents) who will pursue the charges. Schools rarely become the complainant in such situations.
If the Department of Public Prosecutions (DPP) finds that there is sufficient evidence to prosecute, they will bring official charges against the young person. The young person will therefore be required to appear in Juvenile Court.
Sentencing Options for Juveniles (between 8 and 15 years) are noted in the article called 'Aged Based Legal Rights'. If the young person has to appear in Court it is best to seek legal aid (subject to being eligible) or private legal counsel as there is no Duty Counsel in Juvenile Court. If the young person pleads guilty or is found guilty, a lawyer can advocate for a sentence that will not impose a conviction.