Children's Court Contested Hearing Cairns — Fixed Fee
$5,800 — Fixed Fee
Children's Court defended hearing — Cairns Children's Court — $5,800 Covers : initial conference with the young person and their family, full review of the prosecution brief, advice on the evidence and prospects, preparation for the hearing, cross-examination of witnesses, submissions, and full appearance at the Cairns Children's Court. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial conference with the young person and their family to review the charge, the brief, and the circumstances Full analysis of the prosecution evidence — witness statements, CCTV, body-worn camera footage, and any other material Honest advice on the strength of the prosecution's case and the realistic prospects at a contested hearing Preparation of the young person to give evidence, if they choose to do so Cross-examination of prosecution witnesses Closing submissions to the magistrate on the evidence and the appropriate finding Full appearance at the Cairns Children's Court throughout the hearing Post-hearing advice on the outcome and, if the charge is proven, the sentencing options available Where the matter proceeds to plea and sentence following a hearing, the sentencing appearance is included. When a Defended Hearing Is the Right CourseA young person should not plead guilty to a charge they did not commit. Before any decision is made on whether to contest a charge, the prosecution brief needs to be reviewed in full — not just accepted at face value. There are cases where the prosecution's evidence is weaker than it appears on first reading. Witnesses are inconsistent. CCTV does not clearly show what the charge alleges. Identification is uncertain. The circumstances of the alleged offence, properly examined, do not satisfy the elements of the charge. Sacha will assess the brief honestly and advise on whether a contested hearing gives the young person a genuine prospect of a not-guilty finding. If the prosecution case is strong and a not-guilty verdict is unlikely, Sacha will say so. A realistic assessment — not false hope — is what assists a family in making the right decision. How a Children's Court Hearing WorksA defended hearing in the Children's Court is a formal proceeding, though the environment is less formal than an adult court. The magistrate hears evidence from prosecution witnesses, the defence cross-examines, and the young person may give evidence if they choose to. The magistrate then decides whether the charge is proven beyond reasonable doubt. The prosecution's case. The prosecutor calls witnesses — typically police officers, complainants, or other witnesses. Each witness gives evidence in chief and is then cross-examined by the defence lawyer. The defence case. The young person may choose to give evidence or remain silent — the right to silence applies in the Children's Court. Other defence witnesses may be called. The defence is not required to prove anything; the burden is on the prosecution throughout. Submissions. Both sides make closing submissions on the evidence and the applicable law. The magistrate then delivers a finding — guilty or not guilty. If the charge is proven. The matter proceeds to sentencing. The youth justice sentencing principles apply at that stage, noting that the Making Queensland Safer Act 2024 changed the sentencing framework significantly — including requiring primary regard to victim impact for offences committed after 13 December 2024. Sacha will prepare sentencing submissions if the hearing results in a guilty finding. Your Lawyer — Youth Justice Background Sacha Sarah Smith acted exclusively for juvenile clients as a lawyer with ATSILS before entering private practice. That work placed her at the interface between the Children's Court, the prosecution, community services, youth workers, families, and young people every day. She knows how matters are prosecuted in the Cairns Children's Court, how the court approaches contested hearings involving young people, and how to identify the weaknesses in a prosecution case that was built without rigorous scrutiny. Sacha Sarah Smith has practised in criminal and youth matters across both New Zealand and Far North Queensland, including circuit matters in remote Cape York communities. Her work includes contested hearings and appellate matters for young people across the region. Her Master of Laws (first class honours) and background in human rights law inform a rigorous approach to evidentiary issues and statutory interpretation — the analytical tools that matter most when the prosecution's case is being tested. No other criminal defence firm in Cairns has this depth of direct background in youth justice defence. What Your Lawyer Focuses On Every prosecution brief is read with the question: where does this case have weaknesses? Identification evidence, inconsistent witness accounts, footage that does not clearly show what is alleged, elements of the charge that are not made out — these are the things Sacha looks for, and they appear more often than families expect when the brief is read carefully. For the hearing itself, Sacha prepares thoroughly — cross-examination is planned based on the specific weaknesses in each witness's account, not improvised. The young person is advised on how the hearing works and, if they choose to give evidence, prepared for what that involves.
FREQUENTLY ASKED QUESTIONS
Does my child have to give evidence? No. The right to silence applies in the Children's Court. The prosecution must prove the charge beyond reasonable doubt regardless of whether the young person gives evidence. Sacha will advise on whether it is in the young person's interests to give evidence in their specific matter. What happens if the charge is proven at the hearing? The matter proceeds to sentencing. The youth justice sentencing principles apply, noting that the Making Queensland Safer Act 2024 changed the sentencing framework — including requiring primary regard to victim impact for offences committed after 13 December 2024. Sacha will prepare sentencing submissions at that stage. A guilty finding at a contested hearing does not change the sentencing framework; it means the matter proceeds to the next stage. What if my child is found not guilty? The charge is dismissed. No conviction is recorded. The young person is free to leave. Sacha will advise on whether there are any related matters — bail conditions, DVOs, or other proceedings — that need attention after the hearing. Can a Children's Court hearing be appealed? Yes. A finding of guilt made by the Children's Court can be appealed. There are strict time limits. Sacha will advise on appeal options at the conclusion of the hearing if the outcome is adverse. Will there be media present at the hearing? The Children's Court is closed to the general public, but accredited media may attend criminal proceedings since the 13 December 2024 amendments under the Making Queensland Safer Act 2024. Publication of information identifying the young person is prohibited under s 301 of the Youth Justice Act , so reporting cannot name your child.