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Youth Deviance > Children and the Criminal Law > Flashcards

Children and the Criminal Law Flashcards

1
Q

in queensland, a child under __ years is not criminally responsible at law for anything they do, or fail to do

A

10

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2
Q

What does DCSYW stand for

A

The Department of Child Safety, Youth and Women

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3
Q

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

A

6

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4
Q

What are some common characteristics what repeat offenders have?

A
  • low socioeconomic status
  • low education attainment
  • significant physical and mental health needs
  • substance abuse
  • a history of childhood abuse and neglect
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5
Q

A merit test is applied to applications involving ______ ______

A

simple offences

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6
Q

What are the two youth centres called and where are they located

A

Wacol (Brisbane)

Cleveland (Townsville)

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7
Q

When can a police arrest a child

A
  • in relation to an identified offence or offences

- to question the child about certain offences

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8
Q

For traffic matters, any person must, if asked by police:

A
  • produce their license
  • identify (if possible) any driver alleged to have committed an offence
  • give the police details of an accident
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9
Q

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

A

Support person

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10
Q

Who is a support person?

A
  • 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
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11
Q

before taking a matter to court, the police must consider:

A

taking no action

diverting the child from court

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12
Q

how can police divert a child from court?

A

cautions
referring the offence to a restorative justice process
drug diversion assessment program
graffiti removal program

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13
Q

A police officer can only administer a caution if the child:

A
  • admits the offence

- consents to be cautioned

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14
Q

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

A

conference

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15
Q

the conference process involves:

A
  • 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
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16
Q

what are some alternative diversion activities?

A
  • remedial actions
  • actions to strengthen the childs relationship with their family or community
  • educational programs
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17
Q

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

A

drug diversion program

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18
Q

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 ‘______ ___ ______’

A

complaint and summons

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19
Q

if a child is arrested, police may take the child’s identifying particulars, such as:

A

palm prints, fingerprints, handwriting, voice prints, footprints, ect

20
Q

a _____ ______ must be present during the taking of the identifying particulars if they are to be admissible in court

A

support person

21
Q

If the child is found not guilty of the charges by the court or is not given a sentence, the identifying particulars must be ______

A

destroyed

22
Q

Police may ask a child who is at least __ years old for consent to a forensic procedure

A

14

23
Q

For an indictable offence, police may apply to the __ ____ for an order authorising a sample be taken from the child for DNA analysis

A

Childrens Court

24
Q

Almost all prosecutions against young people ages 10 to 16 years will commence in a ____ _____ but with the magistrate convening a Childrens Court

A

Magistrates Court

25
Q

What is the role of a magistrate?

A

Hear committals for serious (indictable) offences and Supreme Court Offences

26
Q

a ‘______ ______’ is an offence for which an adult could be imprisoned for 14 years or more, and which is not a Supreme Court offence

A

serious offence

27
Q

a child charged with an indictable offence can be referred to the _____ _______ ______

A

Mental Health Court

28
Q

Where a child pleads guilty to a ____ ____ ____ offence, the child can decide whether they want the magistrate to sentence them or a judge

A

non-serious indictable

29
Q

Where a child pleads guilty to a ___ _____, the magistrate must sentence the child

A

simple offence

30
Q

If a child is not represented, there must be a ____

A

jury

31
Q

A ______ _____ that is presided over by a magistrate is a closed court for youth justice proceedings

A

Childrens Court

32
Q

When is the only circumstance where the court can order the publication of the child’s identity

A

the offence that was committed was one which there is a life sentence for an adult, or the court has imposed a sentence of more than 10 years up to the maximum of life

33
Q

what is the maximum penalty for publication without authority?

A

100 penalty units or two years imprisonment for an individual and 1000 penalty units for a coporation. The penalty unit was $126.15

34
Q

Conditional bail programs are often prepared by __ _____ in circumstances where a child is highly unlikely to comply with bail conditions without substantial intervention

A

YJ Services

35
Q

The ___ ____ also applies in relation to bail decisions for children in court

A

Bail Act

36
Q

If a magistrate refuses bail, the child may apply for bail to a _____ _____ judge

A

Childrens Court

37
Q

____ ____ orders cover restorative justice, graffiti removal, probation, community service and intensive supervision oders

A

Community-based

38
Q

If a child pleads ‘guilty’ at court, the court must consider referring the offence for a ______ _________ process instead of sentencing the child

A

Restorative Justice

39
Q

The maximum sentence of detention for a child for a serious offence (an offence if committed by an adult would have a maximum term of 14 years or more) is _ years

A

7

40
Q

If the offence is on for which an adult could be sentence to life imprisonment, the child offender’s sentence is up to __ years.

A

10

41
Q

A child who is at least __ years of age can be issued with an infringement notice and choose to pay the monetary penalty where it relates to a simple offence, including under an instalment arrangement

A

10

42
Q

A court may make an order for compensation or restitution only if satisfied the child has the capacity to pay the amount, and the amount of compensation ordered must not be more than $_____

A

$2374

43
Q

An order for compensation against a parent is a civil debt and can be enforced by execution of judgement in the _______ ________

A

Magistrates Court

44
Q

Decisions of the Childrens Court magistrates are subject to the appeal provisions set out in pt9 div 1 of the ____ Act 1886 and can be appealed only to a Childrens Court judge

A

Justices

45
Q

Decisions of a Childrens Court judge can be appealed to the Court of Appeal in accordance with ch 67 of the ______ Code

A

Criminal

46
Q

A youth detention centre is a ‘___ ____’ under the Public Guardian Act 2014

A

visitable site

Youth Deviance (9 decks)

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