Childrens Court Flashcards
(14 cards)
Name the two jurisdictions in Children’s Court?
Care and Criminal
Can Local Court hear matters involving child defendants?
Yes, s 28(1) of the Childrens (Criminal Proceedings) Act outlines what the Childrens Court can and cannot hear.
Childrens Court have jurisdiction to hear any offence (indictable or otherwise), committal proceedings and if the offence was committed when the def was a child, and charged under 21
What matters cannot be heard in the Childrens Court?
Matters involving Serious Childrens Indictable Offences (s 3(1)), traffic matters UNLESS: the offence arose out of the same set of circumstances as another offence in which the Childrens Court has jurisdiction in, or the person was not old enough to obtain a licence
List examples of a Serious Childrens Indictable Offence
Murder
Offence punishable by 25 years or life
Agg. Sex assault or assault with intent to have sexual intercourse
Offence under Firearms Prohibition Act (punishable by 20 years)
How is the Childrens Court conducted?
Closed court, all young persons must be legally represented, all parties seated, less intimidating.
The courts must also consider s 6 principles, a more hands off approach in dealing with young persons, promoting rehabilitation and restorative justice
What section provides the penalties imposed, and what are these penalties?
Section 33 of the Act provides the list of penalties:
- dismissed or dismissed with caution
- Good Behaviour bond (not longer than 2 years)
- Fine, not more than $1100
- GBB and fine
- Probation order (not longer than 2 years)
- CSO
- Control Order (not longer than 2 years, can suspend)
What are the rules of admissibility in relation to Children defendant statements/ admissions?
Section 13 governs the admissibility of evidence from a child defendant. At the time of confession, admission etc, there must be at the time of the admission made or given, a:
- responsible person present
- an adult with the consent of the person responsible
- child 14 or over, an adult with the consent of the child
- legal representative of child’s choosing
OR s 13(b) Judicial discretion exercised by magistrate that he/she is satisfied that there was a reasonable and sufficient reason for the absence of a support person and considers that in the circumstances of the case, the admission should be admissible in evidence in those proceedings
What is Doli Incapax?
Children under 10 does not have the criminal intent to commit crime and cannot be found guilty of an offence- irrebuttable presumption
Children between 10 and 14, still considered not capable of forming criminal intent, however it is a rebuttable presumption. Prosecution can draw negative inferences from school reports, previous history to rebut this presumption.
What does DK v Rooney and Another, RP v The Queen, C v DPP say in relation to rebutting Doli Incapax?
DK v Rooney and Another: prosecution must establish BRD that the child:
- acted in circumstances that involved adult criminal liability
- knew what they did was wrong
C v DPP
Prosecution must prove that the child did the acts charged and that when doing so he knew it was a wrong act as distinct from mere naughtiness or childish mischief
RP v The Queen
The presumption cannot be rebutted merely as an inference from doing of that act. It is wrong to presume that the closer the child defendant is to the age of 10, the stronger must be the evidence to rebut the presumption
- the intellectual and moral development of the particular child
What does s 10 of the Childrens (Criminal Proceedings) Act say about matters involving the Children Court?
Whilst the court is in a criminal proceeding where a child is a party, any person who is not directly interested is to be excluded unless- any person is preparing a report to the proceedings to disseminate through public news can remain, unless directed otherwise, any victim of the family
The court however can direct anyone to leave if in the interest of the child
What is the case law in R v GDP
Court held that considerations of punishment and general deterrence maybe given less weight, in favour of individual treatment aimed at rehabilitation of the YP.
What must the court also consider in relation to s 13 admissibility? Give case law
In R v H, the child was 17 years old and the dad was ejected, although the sister stayed, admissions were not admitted because there was no expressed consent from the YP that the sister as a support person was suitable.
R v Cotton, even if s 13 is complied with, the court can still exclude admissions based on fairness, ie. support person is co-accused
What is s 38 of the Childrens (Criminal Proceedings) Act?
Gives power to the court to order that any fingerprints or photographs to be destroyed
What does s 14 say in relation to convictions?
States that the court shall not proceed to record a conviction to an offence if the person is under 16 years of age. (Does not limit power to record conviction if charged with indictable offence not disposed of summarily)
