2. Hint: Young Offenders should always be included in a 15 mark
response as an example. Learn how to link this section with any
theme
3. 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.
4.
5. • 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.
6. • ‘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
7. Hint: Go over your Children and the Law notes to support this
section
8. • 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
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 age
children under the age of 10
Great News Article
11. • 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
12. • 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
13. 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
• Situations relating to vehicles and traffic
• Where a person is suspected of committing an
offence on a train.
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 adults
15.
16. • 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
17. • 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 conducted
an 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.
18.
19. CHILDREN’S COURT -
PROCEDURES AND OPERATION
• Established in 1987
• No Jury
• Hears any offence but not serious indictable
offence committed by a child and driving offences
• Follows procedures from the Children’s (Criminal
Proceedings) Act 1987 (NSW)
Hint: Children’s court is a local specialised court
Link to Court Website
20. Hint: This system promotes the rights of young people when
accused of a crime
22. • Children may often
commence with minor
crimes
• The 10-14 age group
has shown an increase
since 2003
• Large cases involving
males throughout all
age 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.
23. PENALTIES FOR CHILDREN
• Purpose 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
• Penalties include Control Orders, Good Behaviour Bonds,
Probation, Fines, Community Service
24.
25. • maximum time served is two years
• provide educational and recreational facilities
Juvenile Justice Centres (Control Order)
26. Hint: The reforms to the Bail Amendment Act 2007
and young offenders is a classic argument in crime
27.
28. • consider fines in light of the offender’s ability to
repay it
• Community service orders would be more
beneficial
sentencing consideration
29.
30.
31. ALTERNATIVES TO COURT
• The Primary Diversionary Program is in the Young
Offenders Act 1997 (NSW)
• Warnings, Cautions and Youth Justice
Conferences (Outcome Plan)
33. • 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)
(closed in 2012)
• 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
34. 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 incarceration/courts but still has not
decrease youth crime
News Article
35. 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.
37. 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 manslaughter
c) doli capax
d) doli incapax
39. 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 presumption
b) conclusive presumption
c) judicial presumption
d) discretionary presumption
41. 4. The Children’s Court decides that a 15yr old should be sent to a
juvenile justice centre for twelve months: what is this an example
of:
a) Probation
b) A control order
c) A suspended sentence
d) A diversionary program
43. CRIME QUESTION: 15 MARKS
Evaluate the effectiveness of the criminal
justice system in dealing with young offenders
with respect to two issues
44. • 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
