On 20 April 2017, the Children’s Court of Queensland handed down the decision of UVB v Commissioner of Police [2017] QChC 007 which confirmed that restitution orders cannot be made against juvenile defendants unless there is a proven capacity to pay. This emphasised that where a juvenile defendant is not working, it is difficult to establish that they have capacity to pay restitution.
In some circumstances, the court can order that parents pay restitution in relation to damage caused by their children.
It is a short and snappy judgment and worth a read for practitioners who regularly appear in the Queensland Children’s Court.
Our office regularly appears in the Children’s Court matters throughout South East Queensland. Children are some of the most vulnerable people who appear in the criminal courts and our office is committed to ensuring that the rights of children are protected by a system which owes them a duty of care. If you wish to discuss a matter in the Children’s Court, you can contact our office on 07 3401 9788 or by emailing contact@fullerandwhite.com.au
http://archive.sclqld.org.au/qjudgment/2017/QChC17-007.pdf