FAMILY INFORMATION KIT FACT SHEET 2 FAMILY INFORMATION KIT … · FAMILY INFORMATION KIT FACT SHEET...
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FAMILY INFORMATION KIT FACT SHEET 2 What can happen if my child is caught lighting a fire? It is against the law to light a fire, especially where it spreads or causes damage to property. The Young Offenders Act (1994) allows police officers to issue a caution in some circumstances; however, if your child is believed to have lit a fire that causes (or is likely to cause) injury or damage the matter cannot be dealt with by a caution and must be referred to the Children’s Court. The Children’s Court will determine the sentencing outcome that may include: Court Conferencing If your child agrees that they have done something wrong and are prepared to make amends, the Court may refer your child to Court Conferencing, facilitated by the Juvenile Justice Team. The Court Conference involves your child meeting with the victim to discuss the crime. The consequences of your child’s actions will be discussed and a contract (Action Plan) will be developed. If the offence is fire related the Action Plan may require your child to participate in the Juvenile and Family Fire Awareness Program. On completion of the Action Plan the Court may refrain from imposing any further punishment. People who can attend a conference include the young offender and their family, the victim or their representative, the police officer who arrested the young offender, a legal representative for the young offender and an interpreter if required. Fines and Restitution The court may order that the child or parents pay money for the damage or repair the damage caused. Responsible Adult Bond An adult may be asked to ensure your child stays out of trouble for a set period of time (of up to one year). If the child commits another offence during this time the responsible adult has to pay money to the court. 4 THE LEGAL CONSEQUENCES OF JUVENILE FIRE SETTING FAMILY INFORMATION KIT FACT SHEET 2 THE LEGAL CONSEQUENCES OF JUVENILE FIRE SETTING JUVENILE AND FAMILY FIRE AWARENESS PROGRAM Courts may order that the child or parents pay money for the damage or repair the damage caused. DFES | 20 Stockton Bend | Cockburn Central WA 6164 GPO Box P1174 | PERTH WA 6844 | T: +61 8 9395 9488 | F: +61 8 9395 9462 E: [email protected] | W: www.dfes.wa.gov.au/jaffa The information contained in this brochure is provided by the Department of Fire and Emergency Services (DFES) voluntarily as a public service. This brochure has been prepared in good faith and is derived from sources believed to be reliable and accurate at the time of publication. Nevertheless, the reliability and accuracy of the information cannot be guaranteed and DFES expressly disclaims any liability for any act or omission done or not done in reliance on the information and for any consequences, whether direct or indirect, arising from such act or omission. This brochure is intended to be a guide only and readers should obtain their own independent advice and make their own necessary inquiries. September 2013 Government of Western Australia Department of Fire & Emergency Services TSP16463 Sept 2013
Transcript of FAMILY INFORMATION KIT FACT SHEET 2 FAMILY INFORMATION KIT … · FAMILY INFORMATION KIT FACT SHEET...
FAMILY INFORMATION KIT FACT SHEET 2
What can happen if my child is caught lighting a fire?
It is against the law to light a fire, especially where it spreads or causes damage to property. The Young Offenders Act (1994) allows police officers to issue a caution in some circumstances; however, if your child is believed to have lit a fire that causes (or is likely to cause) injury or damage the matter cannot be dealt with by a caution and must be referred to the Children’s Court.
The Children’s Court will determine the sentencing outcome that may include:
Court Conferencing
If your child agrees that they have done something wrong and are prepared to make amends, the Court may refer your child to Court Conferencing, facilitated by the Juvenile Justice Team. The Court Conference involves your child meeting with the victim to discuss the crime. The consequences of your child’s actions will be discussed and a contract (Action Plan) will be developed.
If the offence is fire related the Action Plan may require your child to participate in the Juvenile and Family Fire Awareness Program. On completion of the Action Plan the Court may refrain from imposing any further punishment.
People who can attend a conference include the young offender and their family, the victim or their representative, the police officer who arrested the young offender, a legal representative for the young offender and an interpreter if required.
Fines and Restitution
The court may order that the child or parents pay money for the damage or repair the damage caused.
Responsible Adult Bond
An adult may be asked to ensure your child stays out of trouble for a set period of time (of up to one year). If the child commits another offence during this time the responsible adult has to pay money to the court.
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Courts may order that the child or parents pay money for the damage or repair the damage caused.
DFES | 20 stockton Bend | Cockburn Central wA 6164 gpO Box p1174 | peRTh wA 6844 | T: +61 8 9395 9488 | F: +61 8 9395 9462
e: [email protected] | w: www.dfes.wa.gov.au/jaffa
The information contained in this brochure is provided by the Department of Fire and Emergency Services (DFES) voluntarily as a public service. This brochure has been prepared in good faith and is derived from sources believed to be reliable and accurate at the time of publication. Nevertheless, the reliability and accuracy of the information cannot be guaranteed and DFES expressly disclaims any liability for any act or omission done or not done in reliance on the information and for any consequences, whether direct or indirect, arising from such act or omission. This brochure is intended to be a guide only and readers should obtain their own independent advice and make their own necessary inquiries. September 2013
Government of Western AustraliaDepartment of Fire & Emergency Services
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FAMILY INFORMATION KIT FACT SHEET 2The LegAL CONsequeNCes OF juveNILe FIRe seTTINg
Good Behaviour Bond
Your child promises to stay out of trouble for a set period of time. If they break the bond, they must go back to court.
Community Based Orders
Your child may be required to comply with Supervision conditions, have to attend psychological counselling and/or other programs, and/or complete unpaid community work for a set number of hours (10 to 100).
Custodial Sentences
Your child may be sent to a youth detention centre if the court considers that there is no other appropriate way of dealing with the matter.
Will my child receive a criminal conviction?
If your child commits an offence and is able to be diverted from the formal criminal justice system by means of a police caution, no conviction is recorded.
In cases that are referred to the Children’s Court, the decision of whether a child receives a criminal conviction is made by the Magistrate or Judge of the Children’s Court.
Generally speaking, a child who fulfils their Action Plan (Court Conferencing) or successfully completes their Community Based Order will not receive a criminal conviction.
A criminal record is significant as it can affect your child’s ability to gain employment (such as apprenticeships, sporting contracts, etc), insurance or obtain a visa to travel overseas.
What Can I do if my child is lighting fires?
• Superviseyourchildren,especiallyaround fire, cooking and heating
• Teachyourchildrenthatfireisatoolnota toy, including that
- Fire is used for cooking and heating
- Fire is dangerous – it can cause lifelong injuries and may even kill, and
- All fires (even small ones) can spread quickly
• Teachyourchildrenaboutfiresafety
• Removethetemptation–lockaway matches and lighters just as you lock away medicines, cleaning fluids and other dangerous household substances
• Storeflammableliquidsproperly.Never place them close to an ignition source
• Teachyourchildtogiveyouany unattended matches and lighters they find. You can dispose them and reward their honesty
• Ifyouhaveconcernsaboutyour child’s behaviour, contact the Juvenile and Family Fire Awareness Coordinator on 9395 9488 or by email to: [email protected]
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