9. Children and young people Flashcards
What is the legal definition of a child?
0 - 18 years of age.
What is the lowest age that an individual can be convicted of a crime?
10 years of age.
What is the significance of 10 - 14 years olds in criminal conviction?
First acknowledgement of legal responsibility.
What is the legal definition of a young adult?
16 - 18 years old.
What is the legal definition of an adult?
18 years of age - death.
What is doli incapax?
The state in which an individual cannot consciously commit a crime.
What ages is doli incapax applied to?
Individuals aged 10 or under.
What age bracket is covered by the juvenile justice system?
0 - 21 years of age.
On what condition can individuals aged 19 - 21 years old be dealt with by the children’s court?
If the crime was committed during youth.
On what condition is a child omitted from a hearing in the children’s court?
Driving offences.
If a ‘child’ commits a driving offence, where is the court trial heard?
The local court.
Can children receive legal aid?
Yes.
Can adults receive legal aid?
Yes, but less openly than children.
What was the youth drug and alcohol court?
A court dealing with substance abuse in teens.
Was the youth drug and alcohol court successful?
No.
Why was the youth drug and alcohol court unsuccessful?
Too expensive for an unnecessary court.
Does the youth drug and alcohol court operate today?
No. It was shut down in 2012.
When can a child receive a criminal record?
16.
When can a child file a lawsuit?
18.
In what way is the child’s court different from a regular court? (3)
- Summary offences dissipate after 3 years.
- Not open to onlookers.
- Offender’s name is omitted.
What are the repercussions of the children’s court? (3)
- Warning.
- Caution.
- Youth justice conference.
What are the exclusive rights of the children’s court? (2)
- Support people.
- DNA extraction via court proceeding.
- Parent notification.
- Information and assistance.
- Separate accommodation from adults.
On what conditions can a child be searched? (6)
- With consent.
- With a search warrant.
- If in police custody.
- If believed to carry stolen goods.
- If believed to be in possession of narcotics.
- If observed to have commit a crime.
On what conditions can a child be arrested? (3)
- If seen committing a crime.
- If believed to have commit an offence.
- If in possession of an arrest warrant.
What is the maximum time an individual can be held in custody?
24 hours.
When can children be photographed without court notification?
14.
Is evidence allowed to be preserved in the children’s court?
Generally, no.
What is the right to silence?
The ability to refute interviewing.
Is the right to silence unanimous?
Yes.
What is a warning in the children’s court?
Encouragement not to re offend a crime.
What is a caution in the children’s court?
A warning with potential consequences.
What is a youth justice conference?
Mediation.
What offences are not covered by the children’s court?
Indictable offences.
On what basis is legal aid granted to children?
On the basis that the defendant can be proved as not guilty.
Who can attend the children’s court?
- Legislative bodies.
- The police.
- The media (under certain conditions).
Can those under 16 receive a criminal record?
No.
Do the criminal records of children dissipate?
Yes.
When does a child’s criminal record elapse?
Three years after the offence.
Are all criminal records removed in the children’s court?
No.
