<aside> ✨ Children are different as they are: Less able to make wise judements, vulnerable, immature and inexperienced.

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Age of criminal responsibility

• The concept of the age of criminal responsibility recognises the immaturity, lack of cognitive development and vulnerability of children and young people under the age of 18. Far more lenient on young offenders than adults. Worst punishment = 2 years juvenile detention. Main aim = rehabilitation

Doli Incapax: common law presumption that a child is incapable of committing a crime

• Under 10:
• 10 - under 14:
• 14 - under 18:

<aside> 💬 e.g. R v LMW (1999) = Accused of drowning little boy at age 11. Prosecution failed to rebut presumption of DI. LMW therefore had no case to answer e.g. DPP v NW (2015) = Prosecution successfully rebutted presumption of DI on a charge of indecent assault by NW (13) on a 5-year-old. Judge held that NW knew what he was doing was gravely/seriously wrong in a moral sense

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• Law reform needed —> Amnesty International campaign “raisetheage” following the Don Dale Royal Commission of mistreatment of YOs as young as 10 in detention centres

Rights of Children when Questioned or Arrested

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) provides extra protections to children when questioned or arrested. Have all the same rights as adults plus some additional rights due to their age, lack of cognitive development, lack of maturity, and vulnerability.

1. Once arrested and taken to Police Station, right to be told they can contact the Youth Hotline for legal advice or call their own lawyer. Legal Aid will attend for free if under 18
2. Can’t question you without a support person present (family member, friend, lawyer) that must be over 18, and who the young person can choose.
3. If under 18, can’t self-consent to forensic procedures being done on you. e.g. fingerprints DNA testing. Police must obtain a court order to do any of this
   • e.g. Police v BH (2016) = Application granted by magistrate for a buccal swab to be taken by BH suspected of a number of offences including stealing a car (age 16 so couldn’t consent)
   • e.g. Police v JC (2016) = Application refused for the taking of the fingerprints of suspect

• Example: Rv Phung & Huyuh (2001)

Children’s Court - Procedures and Operation

<aside> 🌍 Set up under Chilren’s Court act 1987 (NSW) which has jurisdiction to deal with people under 18 at the time of offence accused of a crime.

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1. Driving Offences; of a young person over the age of 16 e.g drink driving wil lbe held in the local court as driving is an adult behavior