Children and the Criminal Law Flashcards
in queensland, a child under __ years is not criminally responsible at law for anything they do, or fail to do
10
What does DCSYW stand for
The Department of Child Safety, Youth and Women
Statistics show that the number of individual juveniles found to have committed an offence by a court in 2014-15 fell by _% compared to the previous year
6
What are some common characteristics what repeat offenders have?
- low socioeconomic status
- low education attainment
- significant physical and mental health needs
- substance abuse
- a history of childhood abuse and neglect
A merit test is applied to applications involving ______ ______
simple offences
What are the two youth centres called and where are they located
Wacol (Brisbane)
Cleveland (Townsville)
When can a police arrest a child
- in relation to an identified offence or offences
- to question the child about certain offences
For traffic matters, any person must, if asked by police:
- produce their license
- identify (if possible) any driver alleged to have committed an offence
- give the police details of an accident
Except for simple offences, a statement made to police by a child must be made with a _____ _____ present at the time for it be to able to be used as evidence in court
Support person
Who is a support person?
- a parent of the child, or a person who has lawful custody of a child
- a lawyer
- a person acting for the child and employed by an agency that provides legal services
- an adult relative or friend nominated by the child
- a justice of the peace upon police request if none of the above are available
before taking a matter to court, the police must consider:
taking no action
diverting the child from court
how can police divert a child from court?
cautions
referring the offence to a restorative justice process
drug diversion assessment program
graffiti removal program
A police officer can only administer a caution if the child:
- admits the offence
- consents to be cautioned
a ______ is a formal meeting organised by an accredited convenor. It aims to allow a child who has committed an offence and other concerned people to consider or deal with the offending in a way that is of benefit
conference
the conference process involves:
- a discussion of the offence
- the impact and consequences for those affected
- ways in which the child can repair the damage or harm caused to the victim
what are some alternative diversion activities?
- remedial actions
- actions to strengthen the childs relationship with their family or community
- educational programs
The police ____ ____ _______ is provided for under s 379 PPR Act and generally consists of a drug assessment, and education and counselling session that lasts up to 2 hours
drug diversion program
If police decide to prosecute a child in relation to an offence, it is expected that they should give the child a ‘notice to appear’ on the spot or issue a ‘______ ___ ______’
complaint and summons
if a child is arrested, police may take the child’s identifying particulars, such as:
palm prints, fingerprints, handwriting, voice prints, footprints, ect
a _____ ______ must be present during the taking of the identifying particulars if they are to be admissible in court
support person
If the child is found not guilty of the charges by the court or is not given a sentence, the identifying particulars must be ______
destroyed
Police may ask a child who is at least __ years old for consent to a forensic procedure
14
For an indictable offence, police may apply to the __ ____ for an order authorising a sample be taken from the child for DNA analysis
Childrens Court
Almost all prosecutions against young people ages 10 to 16 years will commence in a ____ _____ but with the magistrate convening a Childrens Court
Magistrates Court
