Children (criminal Proceedings) Act 1987 Flashcards

0
Q

Section 28

A

Jurisdiction - a)can here proceedings in respect of any offence other then a serious children’s indictable offence
b) committal proceedings in respect to any indictable offence.

If the offence was committed by a person

c) who was a child when the offence was committed, and
d) who is under the age of 21 years when charged before the children’s court with the offence

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1
Q

Section 13

A

Statement, confession, admission, information will not be admissible unless in the company of

i) person responsible
ii) adult with consent of the person responsible
iii) child 14 of over an adult child’s choosing
iv) barrister or solicitor of child’s choosing

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2
Q

Section 10

A

Exclusion of general public from criminal proceedings

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3
Q

Serious offence

A

Defined in the act

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4
Q

Section 33

A
Penalties
33
1 a - dismissed
1 b - bond up to 2 years
1 c - fine
   c 1 - conference 
   c 2 - adjourn for up to 12 months
1 d - b and c together
1 e - probation
1 e 1 - c and e
1 f - community service order
1 g - goal
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5
Q

R v Rooney

A

Rebut Doli incopax beyond reasonable doubt - lies with prosecution

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6
Q

R v h

A

Admissions - 16 and over support person must be chosen by young person

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7
Q

Section 5

A

Under 10 cannot be charged

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8
Q

Crown v CRH

A

The child knowing it was a wrong act as distinct from an act of mere naughtiness or childish mischief

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