YOUNG OFFENDERSSECTION 5 - CRIME HSC Mr Shipp Term 3 2014

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

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• 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

• 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

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.

• 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

• 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 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.

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

Hint: This system 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 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.

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

• maximum time served is two years

• provide educational and recreational facilities

Juvenile Justice Centres (Control Order)

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

ALTERNATIVES TO COURT

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

• Warnings, Cautions and Youth Justice Conferences (Outcome Plan)

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) (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

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

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 manslaughter c) 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 presumption b) conclusive presumption

c) judicial presumption d) discretionary presumption

a) rebuttable presumption

answer

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

B) A Control Order

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