legal

Topics: Crime, Criminal law, Law Pages: 2 (320 words) Published: January 21, 2014
Young offenders
Criteria to evaluate effectiveness could include:
-Resource to efficiency
-Accessibility
-Enforceability
-Responsiveness
-Protection of individual rights
-Meets society’s needs
-Application of rule of law
Outline
1.Age of criminal responsibility
2.Rights of children when questioned / arrested
3.Children’s court – procedures / operations
4.Penalties for children
5.Alternatives for court

AGE OF CRIMINAL RESPONSIBILITY
Age Criminal responsibility in NSW
Birth – 9 years-Less responsible  due to relative youth/inexperience -Not able to understand seriousness of actions to have necessary criminal intent (mens rea) -Doli incapax  incapable of wrong

-Conclusive presumption  no intention
10 – 13 years-Presumed incapable of forming criminal intent -Allowed to be rebutted  prosecution to prove beyond reasonable doubt that a child knew he/she was doing the wrong thing

14 – 17 years-Doli incapax no longer applies
-Offender can be found criminally responsible
-Considered mature enough to commit criminal act and capable of having criminal intent

18 years and older-Full responsibility of crime
-Mature enough to commit crime and have criminal intent
-Go to jail

RIGHTS OF CHILDREN WHEN QUESTIONED/ARRESTED
-The law provides additional protection for young people under the age of 18 when they are arrested/questioned Questioning and interrogating of young people
-If suspected of being under 18 and carrying/consuming alcohol in a public place without adult supervision drinking alcohol in a public place  young people required to identify produce adequate identification Right to support adult:

-under 18  support adult e.g. parent/guardian
-Any statement  can’t be admitted into evidence unless an independent support adult is present (exception = if the court believes there was a proper reason for the absence of an independent adult and it is appropriate to be used for evidence Legal...
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