Young Offenders
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  • 1. YOUNG OFFENDERS PROJECT SECTION 4 - CRIME HSC DATE CLIENT DATE MR SHIPPThursday, 25 August 2011 1
  • 2. 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.Thursday, 25 August 2011 2
  • 3. Thursday, 25 August 2011 3
  • 4. 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.Thursday, 25 August 2011 4
  • 5. DOLI INCAPAX ‘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 ReaThursday, 25 August 2011 5
  • 6. 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 conclusive presumption - a legal presumption in favour of one party that is final (conclusive) and cannot be rebutted by the other party CROC supports this idea of the age of criminal responsibilityThursday, 25 August 2011 6
  • 7. Thursday, 25 August 2011 7
  • 8. CHILDREN UNDER THE AGE OF 10 Children (Criminal Proceedings) Act 1987 (NSW) lays out the minimum age of criminal responsibility There are occasional debates within the public to reduce this ageThursday, 25 August 2011 8
  • 9. CHILDREN AGED BETWEEN 10 TO 13 YEARS The prosecution can rebut the issue of doli incapax proving beyond reasonable doubt that the accused child knew of their actionsThursday, 25 August 2011 9
  • 10. YOUNG PEOPLE 14 TO 17 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 CourtThursday, 25 August 2011 10
  • 11. Rights of Children when Questioned or ArrestedThursday, 25 August 2011 11
  • 12. Rights of Children when Questioned or Arrested 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 in a number of situations relating to vehicles and traffic where a person is suspected of committing an offence on a train.Thursday, 25 August 2011 11
  • 13. Thursday, 25 August 2011 12
  • 14. 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 adultsThursday, 25 August 2011 12
  • 15. ARREST AND INTERROGATIONThursday, 25 August 2011 13
  • 16. ARREST AND INTERROGATION 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 givenThursday, 25 August 2011 13
  • 17. Thursday, 25 August 2011 14
  • 18. 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 courtThursday, 25 August 2011 14
  • 19. Thursday, 25 August 2011 15
  • 20. Children’s Court - procedures and operationThursday, 25 August 2011 16
  • 21. 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)Thursday, 25 August 2011 16
  • 22. Thursday, 25 August 2011 17
  • 23. CHILDREN’S COURT STATISTICSThursday, 25 August 2011 18
  • 24. Thursday, 25 August 2011 19
  • 25. 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 groupsThursday, 25 August 2011 19
  • 26. Penalties for ChildrenThursday, 25 August 2011 20
  • 27. Penalties for Children the purpose of rehabilitation is given primary weight (consistent with CROC) the 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 themThursday, 25 August 2011 20
  • 28. Thursday, 25 August 2011 21
  • 29. JUVENILE JUSTICE CENTRESThursday, 25 August 2011 22
  • 30. JUVENILE JUSTICE CENTRES maximum time servable is two years provide educational and recreational facilitiesThursday, 25 August 2011 22
  • 31. SENTENCING CONSIDERATIONThursday, 25 August 2011 23
  • 32. SENTENCING CONSIDERATION consider fines in light of the offender’s ability to repay it Community service orders would be more beneficialThursday, 25 August 2011 23
  • 33. Thursday, 25 August 2011 24
  • 34. Thursday, 25 August 2011 25
  • 35. Alternatives to CourtThursday, 25 August 2011 26
  • 36. Alternatives to Court The Primary Diversionary Program is in the Young Offenders Act 1997 (NSW) Warnings, Cautions and Youth Justice ConferencesThursday, 25 August 2011 26
  • 37. Effectiveness of the law when dealing with Young OffendersThursday, 25 August 2011 27
  • 38. Effectiveness of the law when dealing with Young Offenders Legislation 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 incarcerationThursday, 25 August 2011 27
  • 39. Crime Question: 15 Marks Evaluate the effectiveness of the criminal justice system in dealing with young offenders with respect to two issuesThursday, 25 August 2011 28