Unit 3 - Pre-trial procedures for children Flashcards
Who does Section 4 of the Child Justice Act apply to ?
- Children under 12 years old at the time of the offense (no criminal capacity, cannot be prosecuted).
- Children aged 12-18 when given a written notice, summons, or arrested.
- Children aged 18-21 under specific directives from the National Director of Public Prosecutions (NDPP).
How is a “child” defined in the CJA ?
A “child” is any person under the age of 18, or under 21 in certain circumstances, as specified in Section 4(2) when dealing with their case under CJA provisions.
What is the purpose of the assessment under Section 35 of the CJA ?
- To establish if a child needs care or protection.
- To estimate the child’s age if uncertain.
- To gather information on prior convictions or charges.
What should happen if a child under 12 is assessed ?
For children under 12 or those unlikely to have criminal capacity, the assessment may suggest counseling, referral to a children’s court, or no action (as it doesn’t imply criminal liability).
What is the goal of a preliminary inquiry under Section 43(2) ?
- To review the probation officer’s assessment, including the child’s age and criminal capacity.
- To determine if the case can be diverted before a plea.
- To decide on diversion options and potential referral to a children’s court.
What does the National Instruction to the police under the CJA require ?
- Children must be assisted by a parent, guardian, or appropriate adult when making admissions or confessions.
- Failure by police officers to follow these instructions may result in internal disciplinary action.
What is the process for arresting children aged 12-18 ?
- A child aged 12-18 cannot be arrested for offenses in Schedule 1 unless there are compelling reasons (e.g., no fixed address, likely to continue offending).
- For offenses in Schedules 2 and 3, police must also consider compelling reasons for arrest.
