Effective Participation

The ability to understand and be involved in what is happening in court.

A person is entitled to a fair trial, this includes being able to effectively participate (understand and be involved in what is happening in a criminal case).  Children are less likely to be able to effectively participate in criminal proceedings because of their age, level of maturity, intellectual and emotional capacities.

Effective participation means a child in criminal proceedings is able to: 

1. Understand what it is said they have done
2. Show that they understood, when they were doing it, that it was wrong
3. Understand any defences which may be available to them
4. Explain their version of events, answer questions, make representations
5. Give proper instructions to their lawyer, suggest questions and answer questions relevant to a defence both before trial and during the trial

Modifications to the trial process may be required. See  modifications in the youth court and modifications in the adult courts. 

For more information see YJLC’s legal guide to effective participation and fitness to plead.