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Flashcards in Young Offenders Deck (11)
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1

What is the age of criminal responsibility? + act + case

Childrens (criminal proceedings) act 1987 (NSW) section 5 says any child under 10 has doli incapax.
10-13 has rebuttable presumption of doli incapax
14-18 is doli capax
Corey Davis case

2

What act allows children to be questioned?

LEPRA 2002 (NSW)

3

What can police do when questioning a child?

- Ask name, age and address
-Strip search over 10 with adult present
-Take fingerprints and photos over 14
-use reasonable force when arresting

4

What cant police do when questioning a child?

-Force them to answer questions
-Strip search under 10
-Conduct interview without guardian/representation
-Take prints & photos under 10 without court permission

5

What is the young offenders act and what does it do?

Young Offenders Act 1997 (NSW)
Aim: keep juveniles out of the criminal justice system by fostering restorative justice and rehabilitation'
Covers: summary and indictable offences
Philosophy: making young offenders responsible for the crime not punished

6

Who does the childrens court hear matters for?

Offenders under 18 or those who are under 21 but were less than 18 when charged

7

Who is the childrens court presided over by?

Magistrate and no jury

8

What is the primary purpose of the childrens court

Rehabilitation

9

How is sentencing assisted in Juvenile Justice

They make background reports on the child to help understand further

10

What penalties are available for children?

- Caution
-Refferred to youth justice conference
-Fined up to $1000
-Community service 100hrs < 16 < 250hrs
-Good behaviour bond
-Control order served in detention for max 2 years for one offence or 3 for more
-Juvy

11

Alternatives to court for children what does UNCROC have to do with it?

-Warnings, cautions and youth justice conferencing
-UNCROC Article 40(1) states the child can "assume a constructive role in society"