Childrens Court

Question 1

6 differences between Local and Childrens Court?

Answer 1

• Two Jurasdictions - care and criminal
• Less imposing court layout
• Closed court
• Called young person
• Sit at Bar table
• Every YP is represented

Question 2

Jurasdiction of CHildrens court section?

Answer 2

S28 Children Criminal Proceeding Act

Question 3

What does childrens court have jurasdiction to hear and determine?

Answer 3

Any offence other than Serious Children Indictable Offence

- Committal proceedings in respect if abny indictable offence. Inc SCIO.

Question 4

Serious Children Indictable Offence?

Answer 4

S3(1)
A) Homicide
B) Punishible by 25 years or life
C) Agg sexual assault or Assault w intent to have sexual intercourse.
C1) Offence under firearms act, Manufacture or sale punishable by 20 years or more.
D) Offence of attempting to commit against C.
E) Indictable offence presecribed as SCIO

Question 5

S28, If under 18 at time of offence, but under 21 at time of charge, which court?

Answer 5

Childrens

Question 6

If under 18 at time of offence but over 21 at time of charge which court?

Answer 6

Local

Question 7

28(2) - If Road Transport Offence and of age to hold licence 16 car 16 9 months bike, committed only traffic offence, which court?

Answer 7

Local

Question 8

If under 16 (car) or 16 and 9 months (motorbike) and commit traffic offence only, which court?

Answer 8

CHildrens

Question 9

What if traffic offence committed and another offence committed in same incient?

Answer 9

Childrens

Question 10

If child commit traffic offence not old enough for license>

Answer 10

Childrens

Question 11

Child charged with offence under crimes Act and unlicensed and is 16 and 10 months, which court?

Answer 11

Childrens

Question 12

S13 - Can statement, admissions, confession or information given by child to Police be used in evidence?

Answer 12

No, unless when given one following present

• Person responsible for child
• Adult present with consent of responsible person
• CHild 14 or over and adult with their consent
• legalrep of childs choosing

Question 13

S13, admissibility, b)?

Answer 13

i) MAgistrate, judge satisfied proper reason for above person not being there, or;
ii) Considers in particular circumstances statement,admissionshould be admitted.

Question 14

What 7 sentencing options under S33?

Answer 14

Dismiss
Good behavour bond (not more 2 years)
Fine - no more than 10 PU
GBB + Fine
Probation order (not more 2 years)
CSO 
Control order (no more 2 years)

Question 15

S 14 (1) (b)

Answer 15

If 16 or over, Court MAY refuse to record conviction.

Question 16

Can local court hear and determine Childrens court matters?

Answer 16

No

Question 17

Can childrens court hear and determine all ofences except for SIO?

Answer 17

Yes

Question 18

Strictly indictable?

Answer 18

yes

Question 19

Doli Incapax, section?

Answer 19

5. No child under 10 can be guilty of an offence.

Question 20

Doli Incapax, under 10, rebuttable or irrebuttable?

Answer 20

Irrebuttable

Question 21

CHildren 10-14 years?

Answer 21

Considered not capable of forming intent.

Question 22

10-14 years common law presumption of doli incapax rebuttable or irrebuttable?

Answer 22

rebuttable.

Question 23

How to rebut non intent on 10-14 years?

Answer 23

Establish BYD;
Acted in circumstance that involved adult criminality
- Knew it was seriously wrong

Question 24

Can rely on elements of offence to prove Doli Incapax?

Answer 24

No.

Question 25

S178 Certificate?

Answer 25

To request documents from the court.

Question 26

If under 10 can be charged with criminal offence?

Answer 26

No.