For Children
Children are also dealt with under the Criminal Law (Mental Impairment) Act 2023 (WA) (the Act). A child is defined as a person who is under 18 years of age.
Under this act, children are dealt with via the same process as adults, however there are certain ‘child specific considerations’ pursuant to section 10 of the Act which must be adhered to. These child specific considerations include:
- age and level of maturity of the child
- the availability of a responsible person to care for the child
- any requirement that the child attend school or educational and vocational training
- the availability of accommodation for the child
- any involvement in relation to the child with the Department of Communities
- the best interests of the child.
A child cannot be held in the Declared Place (Disability Justice Centre) unless they are 16 years of age.
A child must not be held in a prison due to their age, and cannot be detained in a detention centre unless there is no alternative place of custody that would be suitable.
Last updated: 23 August 2024