Young Offenders
Transcript of Young Offenders
PROJECT
DATE CLIENTDATE MR SHIPP
YOUNG OFFENDERSSECTION 4 - CRIME HSC
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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.
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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.
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‘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
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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
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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
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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
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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
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Rights of Children when Questioned or Arrested
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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
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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
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ARREST AND INTERROGATION
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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
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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
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Children’s Court - procedures and operation
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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)
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CHILDREN’S COURT STATISTICS
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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
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Penalties for Children
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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
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JUVENILE JUSTICE CENTRES
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maximum time servable is two years
provide educational and recreational facilities
JUVENILE JUSTICE CENTRES
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SENTENCING CONSIDERATION
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consider fines in light of the offender’s ability to repay it
Community service orders would be more beneficial
SENTENCING CONSIDERATION
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Alternatives to Court
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The Primary Diversionary Program is in the Young Offenders Act 1997 (NSW)
Warnings, Cautions and Youth Justice Conferences
Alternatives to Court
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Effectiveness of the law when dealing with Young Offenders
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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
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Crime Question: 15 Marks
Evaluate the effectiveness of the criminal justice system in dealing with young offenders with
respect to two issues
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