young offenders

PROJECT

DATE CLIENTTERM 3, 2012 MR SHIPP

YOUNG OFFENDERSSECTION 5 - CRIME HSC

1Friday, 17 August 2012

Hint: Young Offenders should always be included in a 15 mark response as an example. Learn how to link this section with any

theme


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.


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.


‘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, set out in Children (Criminal Proceedings) Act 1987 (NSW)

DOLI INCAPAX


Hint: Go over your Children and the Law notes to support this section


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 - 10-14 years

Conclusive presumption - a legal presumption in favour of one party that is final (conclusive) and cannot be rebutted by the other party - under 10 years

CROC supports this idea of the age of criminal responsibility


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


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


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


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

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


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


Hint: NSW Attorney General Greg Smith, wants persistent Graffiti to be jailed but only as a last resort


http://www.abc.net.au/local/stories/2011/04/06/3183455.htm




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


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

In R v. CKT 1999 (NSW) (unreported), the police conductedan interview with a murder suspect without the presence of a supporting adult, believing he was over 18 years of age,

only to find out later this was not the case.Therefore evidence gained during the questioning could not

be admitted into court.


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)

Hint: Children’s court is a local specialised court


Hint: This systems promotes the rights of young people when accused of a crime


CHILDREN’S COURT STATISTICS


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

Hint: Under s.11 of the Children (Criminal Proceedings) Act 1987 (NSW), it is an offence to publish or broadcast the name (or other

identifying details) of a child involved in criminal proceedings.


Penalties for ChildrenPurpose of rehabilitation is given primary weight (consistent with CROC)

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


maximum time served is two years

provide educational and recreational facilities

JUVENILE JUSTICE CENTRES


Hint: The reforms to the Bail Amendment Act 2007 and young offenders is a classic argument in crime


consider fines in light of the offender’s ability to repay it

Community service orders would be more beneficial

SENTENCING CONSIDERATION


Hint: Try to include case law where it is possible in a 15 mark crime question


The Primary Diversionary Program is in the Young Offenders Act 1997 (NSW)

Warnings, Cautions and Youth Justice Conferences

Alternatives to Court


YOUTH JUSTICE CONFERENCINGYOUNG OFFENDERS ACT 1997


Department of Juvenile Justice Community Services (DoJJ)

Support for juveniles that have problems seeking bail and have been placed on remand

Youth Drug and Alcohol Court Program (YDAC)

Diversionary program instead of custody, run by NGO’s. Non-compliance will lead to incarceration

Hint: A classic way to link back to other sections in the crime syllabus


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


Crime: Multiple Choice

Which of the following is a major consideration of the Children’s Court when sentencing young offenders?

(A) Imprisonment is viewed as a last resort. (B) Fines are regarded as appropriate punishment. (C) Retribution is the main purpose of punishment. (D) Community service is regarded as an inappropriate punishment.


(A) Imprisonment is viewed as a last resort

ANSWER


2. A six year old boy, named Corey Davis, was pushed into a river by a ten year old and

drowned. The ten year old could not be charged with manslaughter.

The reason why the ten year old was not charged is known as:a) voluntary manslaughter

b) involuntary manslaughterc) doli capax

d) doli incapax


d) doli incapax

ANSWER


3. A legal presumption in the area of young offenders meaning that the onus is on the prosecution to prove beyond a reasonable doubt

that a child could have committed the offence is known as a:

a) rebuttable presumptionb) conclusive presumption

c) judicial presumptiond) discretionary presumption


a) rebuttable presumption

ANSWER


Crime Question: 15 Marks

Evaluate the effectiveness of the criminal justice system in dealing with young offenders with

respect to two issues


Arrest and charge

Bail and Remand

Rights of the accused

Legal Aid and representation

Purposes for punishment:diversionary programs, rehabilitation and restorative justice

AREAS IN THE SYLLABUS FOR YOUNG OFFENDERS


young offenders

Education

offence children

rights of children

community children

children undera certain

years of age

rights of young people

age group

criminal matter