2.2 Children & Young People Essay Flashcards
what does The Children & Young Persons (Care & Protection) Act 1998 (NSW) define?
introduction
it defines the age of a child (15 & under), and the age of a young person (16-18)
what does The Children’s (Criminal Proceedings) Act 1987 (NSW) specify?
introduction
specifies the minimum age of criminal responsibility (10 in NSW), otherwise presumed doli incapax
what article of the Convention of the Rights of the Child (CROC) (1989) does it state how a child should be treated, and what does it specifically state?
paragraph 1 - Royal Commission into the Protection and Detention of Children in the Northern Territory (NT)
Article 37 (C) states that “every child … shall be treated with humanity and respect”
what % increase increase in young people entering Don Dale has been seen through leaked documents, and what does this infringe?
paragraph 1 - Royal Commission into the Protection and Detention of Children in the Northern Territory (NT)
94% increase, infringing on the Royal Commission’s suggested that Don Dale be closed and the minimum age of detention be increased to 14 years
HOWEVER, what case citation and media article declared that tear gas is prohibited for use in juvenile detention under the Youth Justice Act (NT), and what does this uphold?
paragraph 1 - Royal Commission into the Protection and Detention of Children in the Northern Territory (NT)
Binsaris v NT (2020) HCA 22, and “High Court ruling on unlawful use of force… Don Dale” Law Council of AUS, 2020, which upholds children and young people’s rights to safety, and fair and humane treatment whilst incarcerated
protected under the Young Offenders Act 1997, what does it offer young offenders?
paragraph 2 - police powers
young offenders are offered certain diversionary tactics regarding the arrest and charging process of a young person, to reduce incarceration and recidivism rates
what rights are individuals under the age of 18 are given?
paragraph 2 - police powers
right to remain silent, the right to legal representation or aid, and the right to have a support officer or guardian present at all times
what does the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) give police the right to do?
paragraph 2 - police powers
to conduct searches on young people before or after making an arrest
what did “NSW Police powers to search, detain and arrest require overhaul” LSJ Online, 2023 state about the impact of LEPRA?
paragraph 2 - police powers
it can have significantly detrimental effects on young people, specifically regarding strip-searching
what article of LEPRA gives police the right to strip search individuals as young as 10, and under what terms is this deemed acceptable?
paragraph 2 - police powers
Section 33 of LEPRA 2002, when it’s suspected to be “necessary for the purposes of the search and that the seriousness and urgency of the circumstances”.
what does Section 33 of LEPRA not uphold?
paragraph 2 - police powers
does not uphold the rights, needs, and privacy of the young person and can have significant psychological consequences and impact on the young person due to the vulnerability of the individual
what does the Bail Act 2013 (NSW) set out procedures of?
paragraph 3 - bail & remand
procedures for those applying for bail, as well as the possible need for conditions once bail is granted
what does the Bail and Crimes Amendment Bill 2024 make it harder for children to get, but who is this specified to?
paragraph 3 - bail & remand
makes it harder for children to get bail due to the rise of youth crime, targeting 14-18 year olds who have been charged with a serious breaking & entering offence, or a motor vehicle theft offence whilst on bail for the same offence
what did a study by Bureau of Crime Statistics and Research (BOCSAR) in March 2024 find?
paragraph 3 - bail & remand
169 young offenders denied bail and are on remand, and only 54 young people were sentenced from their crimes (32%)
whilst this statistic from BOCSAR achieves justice for the victim and community to somewhat of an extent, whose rights does this NOT uphold?
paragraph 3 - bail & remand
this does not balance the rights of the offender, as it does not uphold their right to the presumption of innocence, and it can have a significantly harmful impacts on their mental health
