Youth Justice Court of the Northern Territory

The Youth Justice Court of the Northern Territory is an Australian court which hears and determines cases concerning crimes committed by children under the age of 18 years in the Northern Territory.

The treatment of juvenile offenders in the colonies of Australia, e.g. New South Wales, Van Diemen's Land, Victoria and Queensland reflected the system of criminal law inherited from England. There was nothing unusual in that as the law of Australia at that time was heavily influenced by the social norms of English society.

As a result, children criminals were treated no differently than adult criminals. They were liable to the same harsh penalties. The Judicial Commission of New South Wales cites an example of one English judge who, after condemning a 10-year-old boy to death, described the boy as “a proper subject for capital punishment”. The commission also noted that on one day in 1815, five children aged between eight and 12 years were hanged for petty larceny in England. Children's court began to be set up in Australia in the early 1900s. The Judicial Commission of New South Wales states the first court in New South Wales was set up in the spirit of parens patriae, a jurisdiction that was exercised by the superior courts of the United Kingdom and, as a consequence, of the Supreme Court of New South Wales. Children's courts were set up in light of the widespread poverty and child neglect at that time. The courts had to assume the role of parent, protector and ultimate punisher.

The present court is actually a continuation of the Juvenile Court of the Northern Territory constituted under the repealed Juvenile Justice Act 1983 (NT) under a different name.

Extensive changes were made to the criminal law relating to children following a discussion paper on a review of the Juvenile Justice Act publicly released in March 2004. The changes envisaged that the justice system would encourage children to be accountable for their behaviour, whilst at the same time balancing the interest of victims and the community. Certain guiding principles would help police and courts deal with offenders. These were: The following are general principles that must be taken into account in the administration of this Act:

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