The rights of young offenders provide several challenges for the criminal justice system, as an effective outcome must reflect society’s belief that the welfare of children is paramount, as outlined by the Convention of the Rights of the Child (1989/90). However, this must be balanced with the need for young people to be held accountable for their actions, so there are no injustices for the victims or society.
The criminal justice system attempts to ensure effective outcomes for young people through the ruling of doli incapax. The law as it stands in NSW sets out a conclusive presumption of the age of criminal responsibility as being ten years of age and those aged 10-14 also incapable of criminal intent unless proven otherwise. While this presumption of doli incapax under the Children’s (Criminal Proceedings) Act 1987 (NSW) aims to prevent young persons from making uninformed life decisions from limited …show more content…
The Children (Criminal Proceedings) Act 1987 (NSW) sets out the rights of young offenders as the law assumes that they may not be aware of their rights or may be vulnerable during the process. During questioning a young person is entitled to the right to silence, right to have a responsible adult present and to not be strip searched under ten years or otherwise have an adult present between 10-18 years. During the arrest and interrogation process, a young person must have a responsible adult present, have access to free legal aid and advice over the phone, the right to silence and have a police custody manager assisting the accused. Police are obliged to receive the court’s permission to fingerprint and photograph those under 14 and present a caution to the young offender, notifying them that any said can be used against them. These rights are effective in upholding the protection and reducing the vulnerability of the young
The criminal justice system attempts to ensure effective outcomes for young people through the ruling of doli incapax. The law as it stands in NSW sets out a conclusive presumption of the age of criminal responsibility as being ten years of age and those aged 10-14 also incapable of criminal intent unless proven otherwise. While this presumption of doli incapax under the Children’s (Criminal Proceedings) Act 1987 (NSW) aims to prevent young persons from making uninformed life decisions from limited …show more content…
The Children (Criminal Proceedings) Act 1987 (NSW) sets out the rights of young offenders as the law assumes that they may not be aware of their rights or may be vulnerable during the process. During questioning a young person is entitled to the right to silence, right to have a responsible adult present and to not be strip searched under ten years or otherwise have an adult present between 10-18 years. During the arrest and interrogation process, a young person must have a responsible adult present, have access to free legal aid and advice over the phone, the right to silence and have a police custody manager assisting the accused. Police are obliged to receive the court’s permission to fingerprint and photograph those under 14 and present a caution to the young offender, notifying them that any said can be used against them. These rights are effective in upholding the protection and reducing the vulnerability of the young