Week Eight Flashcards
When was the first children’s court in QLD established?
1907
Seperate court for children created by child savers to remove stigma children suffered when appearing in adult courts and eliminate procedures that treated children as criminals
What act was first introduced concerned with juvenile justice and welfare
Justice
Juvenile justice act 1992
Children’s courts act 1992
Welfare
Child protection act 1999
What are the ages of criminal responsibility?
Minimum: 10
Maximum: 18
Qld is 17 but will be changed to 18 by November this year
What are the three processes of the youth justice system
Initial investigative stage (police responsibility)
Prosecutorial stage (police responsibility)
Sentencing stage (judges)
Some stages may not be necessary or consecutive
What are the diversionary options police have with youths
Taking no action
Cautioning
Conferencing
Referring young person to drug diversion program
Serious offences not permitted
What happens to a youth not diverted by police
Sent to children’s court for sentencing
What is the police process to getting a youth to court
Notice to appear
Complaint and summons
By arrest
What are the stages of a youth going through court
Despite seriousness child will first be seen in the children’s court presided by a magistrate. Child is charged with an offence, enters a plea and is provided w legal representation to then have the matter dealt with by the law. Rules of evidence still apply.
Children’s court operates like a lower court.
Criminal matters are heard in a distinct court for children or in standard court w specific safeguarding procedures in place.
What occurs at first appearance and subsequent processing depends on category and seriousness of offence alongside child’s election eg picking who will hear the case.
For serious cases magistrates court will only hear case for a commital hearing. If enough evidence it will go to a distinct court for sentencing and hearing
94% of cases resolved in magistrates court
What are the characteristics of child’s court?
Closed to public
Generally cannot release identity of child outside of court
Child has to receive legal representation and can be supplied a support person
Departments offices from the department of communities will attend court to discuss availability of alternative programs to prevent detention or lessen it. Acts as both guardian and department member which can cause conflict
Parent may be required to attend court. Can be fined for failure to do so. Can be forced to pay restitution
What is the role of bail in children’s courts
Children upon arrest may be held in custody at police station, watch house or possible youth detention centre. Required to quickly be brought before court to decide on bail. Decision focused on likelihood of reappearance, re offence, previous history and safety of others. May receive bail w specifically conditions eg curfew.
Department of communities can provide bail programs for those eligible. Include finding accomodation and supervision while child is on bail.
Breach of condition means child is arrested and brought back to court and court can reconsider bail.
If bail not an option - child is kept in a youth detention centre under the custody of the department of communities.
Time on remand counts as time served. Not segregated w other offenders.
What are the three significant reviews to the youth justice act 1993 (juvenile justice act)?
1996: introduced consideration of community and victim interests, emphasis on intergrating offenders in society, diversion strafed for young people eg conferencing developed, all serious offences now dealt with in Supreme Court but serious indictable offences heard in children’s court or distinct
2002: conferencing amendments, all serious indictable offences now heard in child’s court with or without jury and implementation of recommendations from commission of inquiry into abuse of children
2010: renamed youth justice act 1992: increased police powers (arrest, take to court for noncompliance in diversion programs?, increased court powers to place curfews and supervision, increased min detention period for murder to 20 years not 15, focus on date for moving child to adult prison, increased court powers surrounding publication of child identification
