Young Offenders

PROJECT

DATE CLIENTDATE MR SHIPP

YOUNG OFFENDERSSECTION 4 - CRIME HSC

1Thursday, 25 August 2011

Age of Criminal Responsibility

Reasons for young people to be involved in crime

poor parental supervision

drug and alcohol abuse

neglect and abuse

homelessness

negative peer associations

difficulties in school and employment.


Reasons why young people are treated differently to adults

preventing children and young people from being exploited

protecting them from the consequences of making uninformed decisions

protecting others from being disadvantaged by dealing with a person who is a minor.


‘incapable of wrong’; the presumption that children under a certain age cannot be held legally responsible for their actions and cannot be guilty of an offence

Absence of Mens Rea

DOLI INCAPAX


rebuttable presumption - a legal presumption in favour of one party – it can be rebutted by the other party if they can show sufficient evidence to disprove it

conclusive presumption - a legal presumption in favour of one party that is final (conclusive) and cannot be rebutted by the other party

CROC supports this idea of the age of criminal responsibility


Children (Criminal Proceedings) Act 1987 (NSW) lays out the minimum age of criminal responsibility

There are occasional debates within the public to reduce this age

CHILDREN UNDER THE AGE OF 10


The prosecution can rebut the issue of doli incapax proving beyond reasonable doubt that the accused child knew of their actions

CHILDREN AGED BETWEEN 10 TO 13 YEARS


Doli Incapax no longer applies

young people under 16 years of age cannot have a criminal conviction recorded against them

Matters will be heard in the Children’s Court

YOUNG PEOPLE 14 TO 17 YEARS


Rights of Children when Questioned or Arrested


Some examples when a child must answer to police

where the police officer suspects on reasonable grounds that the person can assist them in investigating an indictable offence that was committed nearby

in a number of situations relating to vehicles and traffic

where a person is suspected of committing an offence on a train.

Rights of Children when Questioned or Arrested


Children have the right to silence when questioned by police

Under s 13 of the Children (Criminal Proceedings) Act 1987 (NSW) a responsible adult must be present otherwise evidence may be deemed inadmissible

Police Searches are largely the same as adults


ARREST AND INTERROGATION


Law Enforcement (Powers and Responsibilities)Act2002(NSW):

Police are allowed to use reasonable force on a young person to arrest

Arrest and Interrogation are similar to adults, however extra warning of young persons rights need to be given

ARREST AND INTERROGATION


For children under 14, police must apply to the Children’s Court in order to take fingerprints and photographs

DNA samples, fingerprints and photos are to be destroyed if the criminal matter is not proven in court


Children’s Court - procedures and operation


Children’s Court - procedures and operation

Established in 1987

No Jury

Hears any offence other than a serious indictable offence committed by a child

Follows procedures from the Children’s (Criminal Proceedings) Act 1987 (NSW)


CHILDREN’S COURT STATISTICS


Children may often commence with minor crimes

The 10-14 age group has shown an increase since 2003

Large cases involving males throughout all ages groups


Penalties for Children


Penalties for Children

the purpose of rehabilitation is given primary weight (consistent with CROC)

the penalty imposed on a child shall be no greater than that of an adult for the same offence

children should be assisted with reintegration into the community

children accept responsibility for their actions and if possible make reparation for them


JUVENILE JUSTICE CENTRES


maximum time servable is two years

provide educational and recreational facilities

JUVENILE JUSTICE CENTRES


SENTENCING CONSIDERATION


consider fines in light of the offender’s ability to repay it

Community service orders would be more beneficial

SENTENCING CONSIDERATION


Alternatives to Court


The Primary Diversionary Program is in the Young Offenders Act 1997 (NSW)

Warnings, Cautions and Youth Justice Conferences

Alternatives to Court


Effectiveness of the law when dealing with Young Offenders


Effectiveness of the law when dealing with Young OffendersLegislation has passed to protect and improve the rights of children in the criminal justice system

Children’s (Criminal Proceedings) Act 1987 (NSW)

Young Offenders Act 1997 (NSW)

Deterring children away from custodial sentences

Youth Justice Conferencing has been seen more effective than incarceration


Crime Question: 15 Marks

Evaluate the effectiveness of the criminal justice system in dealing with young offenders with

respect to two issues


Young Offenders

Education

Transcript of Young Offenders