Young Offenders Flashcards
What is the age of criminal responsibility? + act + case
Childrens (criminal proceedings) act 1987 (NSW) section 5 says any child under 10 has doli incapax.
10-13 has rebuttable presumption of doli incapax
14-18 is doli capax
Corey Davis case
What act allows children to be questioned?
LEPRA 2002 (NSW)
What can police do when questioning a child?
- Ask name, age and address
- Strip search over 10 with adult present
- Take fingerprints and photos over 14
- use reasonable force when arresting
What cant police do when questioning a child?
- Force them to answer questions
- Strip search under 10
- Conduct interview without guardian/representation
- Take prints & photos under 10 without court permission
What is the young offenders act and what does it do?
Young Offenders Act 1997 (NSW)
Aim: keep juveniles out of the criminal justice system by fostering restorative justice and rehabilitation’
Covers: summary and indictable offences
Philosophy: making young offenders responsible for the crime not punished
Who does the childrens court hear matters for?
Offenders under 18 or those who are under 21 but were less than 18 when charged
Who is the childrens court presided over by?
Magistrate and no jury
What is the primary purpose of the childrens court
Rehabilitation
How is sentencing assisted in Juvenile Justice
They make background reports on the child to help understand further
What penalties are available for children?
- Caution
- Refferred to youth justice conference
- Fined up to $1000
- Community service 100hrs < 16 < 250hrs
- Good behaviour bond
- Control order served in detention for max 2 years for one offence or 3 for more
- Juvy
Alternatives to court for children what does UNCROC have to do with it?
- Warnings, cautions and youth justice conferencing
- UNCROC Article 40(1) states the child can “assume a constructive role in society”
