Children (criminal Proceedings) Act 1987 Flashcards
Section 28
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
Section 13
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
Section 10
Exclusion of general public from criminal proceedings
Serious offence
Defined in the act
Section 33
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
R v Rooney
Rebut Doli incopax beyond reasonable doubt - lies with prosecution
R v h
Admissions - 16 and over support person must be chosen by young person
Section 5
Under 10 cannot be charged
Crown v CRH
The child knowing it was a wrong act as distinct from an act of mere naughtiness or childish mischief