Children's Criminal Proceedings

Question 1

Are the kids Court closed?

Answer 1

Yes, s10 of the children Crim procedure act says it should be

Question 2

What legislation covers children’s court procedures?

Answer 2

The Children (Criminal Proceedings) Act 1987

Question 3

Can local courts hear matters involving child defendants?

Answer 3

Yes, traffic matters can be heard before the local court.

Question 4

What section outlines the jurisdiction of the children’s court?

Answer 4

Section 28.

Question 5

What is a serious children’s indictable offence?

Answer 5

Section 3(1)

• homocide
• punishable by imprisonment for life or for 25 years
• 61J agg sex assault or assault with intent to have sex 61K
• offence under firearms act 1996
• attempt to commit a 61J or k
• an offence prescribed by the regulations

Question 6

What does section 28 say the age restriction is at the kids court?

Answer 6

Child at the time the offence was committed and under the age of 21 it will be held at kids court

Question 7

Can all traffic matters be heard at the kids court?

Answer 7

Most wont be unless the offence arose out of the same set of circumstances. Like stealing a car - drive unlicensed.

Question 8

Under what age do you not get a conviction?

Answer 8

16

S14(1)(a) under 16 court SHALL NOT proceed to or record conviction

S14(1)(b) 16 or over court MAY, in respect to offence disposed of summarily REFUSE to proceed to or record conviction

Question 9

What is doli incapax?

Answer 9

It shall be conclusively presumed that no child under the age of 10 years can be guilty of an offence.

Question 10

What section is Doli Incapax under?

Answer 10

S 5

Question 11

What is doli incapax for a person over 10 but under 14?

Answer 11

Are considered not capable of forming the intent necessary to commit a crime. This is a reputable presumption.

Question 12

Do the acts alone no matter how obviously wrong rebut the presumption?

Answer 12

No.

Question 13

Must you prove that the YP knew the act was seriously wrong or gravely wrong not merely naughty or mischievous

Answer 13

Yes

Question 14

Is the rebuttal of doli incapax a prosecutions element that must be proved beyond reasonable doubt

Answer 14

Yes

Question 15

What is the rebuttal directed to?

Answer 15

The child’s education and the environment

Question 16

What should you know about RP v The Queen?

Answer 16

More than merely naughty or mischievous must be seriously wrong or gravely wrong. - must have more than just evidence of act being wrong.

Question 17

Regarding section 13 - admissibility

Any statement, confession, admission, or information made or given to a member of the police force by a child who is a party to a criminal proceeding SHALL NOT be admitted in evidence unless there was present when it was made or given:

Answer 17

• a person responsible for the child
• An adult responsible for the child
• Child 14 or over - an adult with consent of child
• a barrister/solicitor of child’s choosing

                                  OR B) The person acting judicially in those proceedings:

• is satisfied that there was ‘proper and sufficient reason for the absence of such adult. AND
• Considers in the particular circumstances of the case the admission etc should be admitted in evidence

E.g spontaneous utterance

Question 18

In regards to RP V Queen, what are 4 considerations that would assist the prosecutions case?

Answer 18

1. The acts no matter how obviously wrong don’t rebut the presumption
2. Prove the YP knew the act was seriously wrong or gravely wrong, not merely naughty or mischievous
3. The rebuttal of doli incapax is a prosecution element - BRD
4. The rebuttal is directed to the attention of the child’s education and the environment.

Question 19

Under S28 (jurisdiction of children’s court), what children’s matters can be heard?

Answer 19

The children’s court has jurisdiction to hear and determine
A) any offence (indictable or otherwise) other than a SCIO and,
B) committal proceedings in respect of any indictable offence (including SCIO)