Childrens Court Flashcards
6 differences between Local and Childrens Court?
- Two Jurasdictions - care and criminal
- Less imposing court layout
- Closed court
- Called young person
- Sit at Bar table
- Every YP is represented
Jurasdiction of CHildrens court section?
S28 Children Criminal Proceeding Act
What does childrens court have jurasdiction to hear and determine?
Any offence other than Serious Children Indictable Offence
- Committal proceedings in respect if abny indictable offence. Inc SCIO.
Serious Children Indictable Offence?
S3(1)
A) Homicide
B) Punishible by 25 years or life
C) Agg sexual assault or Assault w intent to have sexual intercourse.
C1) Offence under firearms act, Manufacture or sale punishable by 20 years or more.
D) Offence of attempting to commit against C.
E) Indictable offence presecribed as SCIO
S28, If under 18 at time of offence, but under 21 at time of charge, which court?
Childrens
If under 18 at time of offence but over 21 at time of charge which court?
Local
28(2) - If Road Transport Offence and of age to hold licence 16 car 16 9 months bike, committed only traffic offence, which court?
Local
If under 16 (car) or 16 and 9 months (motorbike) and commit traffic offence only, which court?
CHildrens
What if traffic offence committed and another offence committed in same incient?
Childrens
If child commit traffic offence not old enough for license>
Childrens
Child charged with offence under crimes Act and unlicensed and is 16 and 10 months, which court?
Childrens
S13 - Can statement, admissions, confession or information given by child to Police be used in evidence?
No, unless when given one following present
- Person responsible for child
- Adult present with consent of responsible person
- CHild 14 or over and adult with their consent
- legalrep of childs choosing
S13, admissibility, b)?
i) MAgistrate, judge satisfied proper reason for above person not being there, or;
ii) Considers in particular circumstances statement,admissionshould be admitted.
What 7 sentencing options under S33?
Dismiss Good behavour bond (not more 2 years) Fine - no more than 10 PU GBB + Fine Probation order (not more 2 years) CSO Control order (no more 2 years)
S 14 (1) (b)
If 16 or over, Court MAY refuse to record conviction.
Can local court hear and determine Childrens court matters?
No
Can childrens court hear and determine all ofences except for SIO?
Yes
Strictly indictable?
yes
Doli Incapax, section?
- No child under 10 can be guilty of an offence.
Doli Incapax, under 10, rebuttable or irrebuttable?
Irrebuttable
CHildren 10-14 years?
Considered not capable of forming intent.
10-14 years common law presumption of doli incapax rebuttable or irrebuttable?
rebuttable.
How to rebut non intent on 10-14 years?
Establish BYD;
Acted in circumstance that involved adult criminality
- Knew it was seriously wrong
Can rely on elements of offence to prove Doli Incapax?
No.
S178 Certificate?
To request documents from the court.
If under 10 can be charged with criminal offence?
No.
