Caxton Legal Document

Question 1

Youth Justice System

- What age is a child criminally responsible?

Answer 1

Child has reached 10 but not reached 14. Reputable presumption the child is not responsible

Question 2

A child does not have to go to a police station unless they are under arrest. True of False?

Answer 2

True.
However, Police can arrest a child in relation to
a) identified offence or offences
b) to question child about certain offences

Question 3

When would Restorative Justice be implemented?

Answer 3

1. When a caution is more appropriate than persecution

2. Harm suffered by someone else

Question 4

Police Drug Diversion program -what does it consist of?

Answer 4

1. Drug assessment
2. Education
3. Counselling up to 2 hours

Question 5

Graffiti Removal Program

What is it?

Answer 5

Before going to court the police can offer the child the opportunity to do the GRP

1. The child must ADMIT to committing the offence &
2. have been at least 12yrs old at the time of the offence

Question 6

Does a caution impact on a Childs criminal history during court ?

Answer 6

No. If a child is cautioned that ends the matter.

Question 7

DETENTION

How long can a Magistrate sentence a youth to detention?

Answer 7

Up to 1 year.

* A Judge can do 2 years

Question 8

How old can a child be for an ‘Infringement Notice’

Answer 8

A child who is at least 10yrs old. This can be done under a instalment arrangement

Question 9

What is the doli incapax rule?

Answer 9

“Doli incapax means the law presumes a child under the age of 14 does not possess the necessary knowledge required to have criminal intent. This presumption can be disproved or rebutted by leading evidence to show that a child knew his or her actions were morally wrong.