Case 67: Criminal law process that would undermine a child’s rehabilitation is stopped

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A child was charged with an offence. Police stated that the charge would be withdrawn if the child agreed to provide a statement and evidence against another person who was jointly accused of the crime. The charges were later re-issued against the child and a hearing was held two years after the alleged offence was committed. Victoria Legal Aid argued that to re-issue the charges was an abuse of process and breached the Charter obligation to pursue a process that supported the child’s rehabilitation. The charges were consequently stayed.

Source: Victorian Legal Aid, Submission to the Review of the Victorian Charter, 2011