New Court Process Enhances Protection for Defendants’ Dependent Children

Additionally, updated court forms will now allow the Judiciary to officially record this information, ensuring it is available for consideration during bail and sentencing decisions.

The visibility of dependent children of defendants in the criminal court system is set to improve with the introduction of a new operational process, Minister for Courts Nicole McKee has announced.

Developed through collaboration between the Judiciary and the Ministry of Justice, and supported by key stakeholders from across the Justice Sector, this initiative aims to ensure courts consistently consider the needs of dependent children when their primary caregiver faces a custodial remand or sentence.

Key changes include updates to forms used by Defence Counsel and relevant agencies to ensure information about dependent children is systematically captured and presented to the court. Targeted communications will further emphasize the importance of highlighting this information during proceedings.

Additionally, updated court forms will now allow the Judiciary to officially record this information, ensuring it is available for consideration during bail and sentencing decisions. The process will also serve as a prompt for agencies present in court to inquire about the care arrangements for a defendant’s dependent children in cases involving potential custody.

Minister McKee referenced the tragic case of Malachi Subecz, a five-year-old murdered by his caregiver in 2021 while his mother was incarcerated. An independent review by Dame Karen Poutasi highlighted that Malachi was 'unseen' during critical moments when he needed to be visible.

“This is a significant step towards ensuring that children of defendants facing a custodial remand or sentence are recognized, so their welfare can be considered by the Court,” McKee stated.

The initiative underscores the government’s commitment to child welfare and justice system reform, ensuring that vulnerable children are not overlooked when their caregivers are involved in legal proceedings.