Western Australian Court Cancels Violence Restraining Order for Underage Indigenous Boy

In a recent development, a Western Australian court has made the decision to cancel a violence restraining order (VRO) that was issued to an Indigenous boy who was under the legal age of criminal responsibility.

The incident gained widespread attention after a video circulated on social media, showing a police officer serving the VRO to the young boy in the suburb of Mirrabooka, Perth, on November 3. The footage also captured the boy’s mother questioning how her seven-year-old son could comprehend the details of the order.

Following the video’s release, WA Police clarified that officers were directed by the court to serve the VRO on the specified date. However, during the process, they discovered that the child was only seven years old. According to the law, a VRO cannot be issued to a child under the age of 10.

Prompted by this revelation, the police immediately brought the matter back before the court, seeking clarification and resolution. Subsequently, the court confirmed the child’s age on November 6, and in consideration of the legal requirement, decided to cancel the order. The court also ruled that the applicant for the order be personally served with the cancellation notice.

Commissioner Col Blanch of WA Police conducted a thorough review of the situation and expressed full support for the officers involved, emphasizing their professionalism and adherence to the court’s directions.

It is crucial to note that this case highlights the complexities surrounding issues of age and legal responsibility. Laws and procedures need to be continuously examined and contextualized to ensure fair treatment for individuals, especially children, who may not fully grasp the implications of such legal matters.

FAQ:

Q: What is a violence restraining order (VRO)?
A: A violence restraining order (VRO) is a court-issued order that aims to protect a person from violence, intimidation, or harassment by another individual.

Q: What is the legal age of criminal responsibility in Western Australia?
A: The legal age of criminal responsibility in Western Australia is 10 years old.

Sources:
– WA Police: [website]
– Western Australian Court: [website]
– Commissioner Col Blanch: [website]