9. Children and young people

Question 1

What is the legal definition of a child?

Answer 1

0 - 18 years of age.

Question 2

What is the lowest age that an individual can be convicted of a crime?

Answer 2

10 years of age.

Question 3

What is the significance of 10 - 14 years olds in criminal conviction?

Answer 3

First acknowledgement of legal responsibility.

Question 4

What is the legal definition of a young adult?

Answer 4

16 - 18 years old.

Question 5

What is the legal definition of an adult?

Answer 5

18 years of age - death.

Question 6

What is doli incapax?

Answer 6

The state in which an individual cannot consciously commit a crime.

Question 7

What ages is doli incapax applied to?

Answer 7

Individuals aged 10 or under.

Question 8

What age bracket is covered by the juvenile justice system?

Answer 8

0 - 21 years of age.

Question 9

On what condition can individuals aged 19 - 21 years old be dealt with by the children’s court?

Answer 9

If the crime was committed during youth.

Question 10

On what condition is a child omitted from a hearing in the children’s court?

Answer 10

Driving offences.

Question 11

If a ‘child’ commits a driving offence, where is the court trial heard?

Answer 11

The local court.

Question 12

Can children receive legal aid?

Answer 12

Yes.

Question 13

Can adults receive legal aid?

Answer 13

Yes, but less openly than children.

Question 14

What was the youth drug and alcohol court?

Answer 14

A court dealing with substance abuse in teens.

Question 15

Was the youth drug and alcohol court successful?

Answer 15

No.

Question 16

Why was the youth drug and alcohol court unsuccessful?

Answer 16

Too expensive for an unnecessary court.

Question 17

Does the youth drug and alcohol court operate today?

Answer 17

No. It was shut down in 2012.

Question 18

When can a child receive a criminal record?

Answer 18

16.

Question 19

When can a child file a lawsuit?

Answer 19

18.

Question 20

In what way is the child’s court different from a regular court? (3)

Answer 20

• Summary offences dissipate after 3 years.
• Not open to onlookers.
• Offender’s name is omitted.

Question 21

What are the repercussions of the children’s court? (3)

Answer 21

• Warning.
• Caution.
• Youth justice conference.

Question 22

What are the exclusive rights of the children’s court? (2)

Answer 22

• Support people.
• DNA extraction via court proceeding.
• Parent notification.
• Information and assistance.
• Separate accommodation from adults.

Question 23

On what conditions can a child be searched? (6)

Answer 23

• 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.

Question 24

On what conditions can a child be arrested? (3)

Answer 24

• If seen committing a crime.
• If believed to have commit an offence.
• If in possession of an arrest warrant.

Question 25

What is the maximum time an individual can be held in custody?

Answer 25

24 hours.

Question 26

When can children be photographed without court notification?

Answer 26

14.

Question 27

Is evidence allowed to be preserved in the children’s court?

Answer 27

Generally, no.

Question 28

What is the right to silence?

Answer 28

The ability to refute interviewing.

Question 29

Is the right to silence unanimous?

Answer 29

Yes.

Question 30

What is a warning in the children’s court?

Answer 30

Encouragement not to re offend a crime.

Question 31

What is a caution in the children’s court?

Answer 31

A warning with potential consequences.

Question 32

What is a youth justice conference?

Answer 32

Mediation.

Question 33

What offences are not covered by the children’s court?

Answer 33

Indictable offences.

Question 34

On what basis is legal aid granted to children?

Answer 34

On the basis that the defendant can be proved as not guilty.

Question 35

Who can attend the children’s court?

Answer 35

• Legislative bodies.
• The police.
• The media (under certain conditions).

Question 36

Can those under 16 receive a criminal record?

Answer 36

No.

Question 37

Do the criminal records of children dissipate?

Answer 37

Yes.

Question 38

When does a child’s criminal record elapse?

Answer 38

Three years after the offence.

Question 39

Are all criminal records removed in the children’s court?

Answer 39

No.