Hon Nicole McKee
Minister for Courts

An operational process change has been introduced to enhance the visibility of dependent children of defendants in the criminal court, Minister for Courts Nicole McKee says.

“The improved process, which has been developed jointly by the Judiciary and Ministry of Justice, with support from several stakeholders from across the Justice Sector, aims to improve the consistency with which the court is made aware of the needs of dependent children when a primary caregiver may be facing a custodial remand or sentence.”

“The changes introduced include modifications to forms used by Defence Counsel and agencies to capture information about dependent children, as well as targeted communications to Defence Counsel and agencies highlighting the importance of bringing this information to the attention of the court.

“In addition, updated Court forms enable the Judiciary to record this information.

“The information will support the Court with bail and sentencing decisions and will function as a prompt for agencies present in proceedings to enquire about care arrangements for a defendant's dependent children when they are facing a custodial remand or sentence,” Mrs McKee says.

“We all remember the case of Malachi Subecz, the five-year-old who was murdered by his caregiver in 2021 while his mother was in prison. In her independent review Dame Karen Poutasi stated: ‘Malachi was “unseen” at key moments when he needed to be visible.’

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

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