Flexibility in juvenile law

JANESSA EKERT because their minds weren’t fully formed.

“They can’t necessarily foresee the future like adults, they might be acting under influences that don’t influence adults,” he said.

“If you’re a young child you may react in irrational fear because you don’t know the truth or reality of what’s going on.”

The courts, Mr Potts said, would look into all the circumstances and determine whether there were mitigating circumstances or aggravating factors.

“There are not mandatory straitjacket penalties like in the adult court,” he said.

“It’s almost impossible to predict penalties unless you know the circumstances.”

Mr Potts said that if someone was charged as a juvenile they would be sentenced under the Youth Justices Act, even if they were an adult when the matter was finalised.

A juvenile charged with murder can apply for bail in the Children’s Court of Queensland.