Children Criminal Procedure Flashcards
(10 cards)
What are the requirements under section 28 for a matter to be heard in the Children’s Court?
The person was a child when the offence was committed.
They were under the age of 21 years when the charges were brought before the Children’s Court.
The Children’s Court does not have jurisdiction to hear proceedings in respect of traffic offences, unless.
The offences arose out of the same circumstances as another offence which they have Jurisdiction, or
The person was not old enough to obtain a licence at the time of the offence.
What is the Jurisdiction of the Children’s Court under Section 28?
(a) Can hear any offence indictable or otherwise, other than a serious children’s indictable offence (SCIO).
(b) Can hear committal proceedings in respect of any indictable offence including SCIO.
What is the definition of a Serious Children’s Indictable Offence under Section 3?
(a) Homicide
(b) An offence punishable life or 25 years.
(c) An offence arising from Aggravated Sexual assault of Assault with intent to have Sexual Intercourse.
(c1) Manufacturing or sale of Firearms over 20 years.
(d) Attempting (c)
(e) An indictable offence described by the regulations as a Serious Children’s Indictable Offence.
Section 13 outlines what the admissibility is of …….?
Any statement, confessions, admission or information made or given to a memeber of the police force by a child who is party to criminal proceedings SHALL NOT be admitted in evidence in those proceedings unless.
Who must be present at the place where, and throughout period of time during which, an admission or statement is made?
A person responsible for the child.
An adult with the consent of the person responsible.
A child who is 14 or over can consent to an adult.
A barrister or solicitor of the child’s choosing.
What must be satisifed for the admissibility of statements or admissions if person not present?
There was proper and sufficent reason for the abscence of such an adult from the place when and where teh admission was made; and
Considers that, in the particular circumstances of the case, the statement, admission should be admitted in evidence.
What are the Penalties for Children under section 33?
(a) Dismiss charge or Dismiss Caution
(b) Good Behaviour Bond, not longer the 2 years.
(c) Fine not exceeding 10 pu.
(d) GBB and fine.
(e) Probation order not longer then 2 years.
(f) CSO – v16 100hrs, ^16 100hrs, 6mth imprison 200hrs, 1 year 250hrs.
(g) Control order no longer then 2 years.
Section 5 states what about Doli Incapax?
Children 10 to 14 years of age rebuttable presumption that they do not possess Mens Rea.
Children under 10 irrebuttable presumption they can’t possess Mens Rea.
To overcome a rebuttable presumption under section 5. What must the prosecution do?
The prosecution must prove beyond a reasonable doubt:
They acted in circumstances involving adult criminal liability and;
Knew what they did was seriously wrong.
RP v Queen
The presumption cannot be rebutted merely as an inference from the doing of that act.
