Both adults and children can easily commit a crime either intentionally or accidentally. However, people under the age of eighteen will be dealt with differently compared to adults. As the law perceives them to be more ‘vulnerable’ compared to adults as they may not understand the law or the difference between right and wrong. They also may not understand the consequences of their actions. The two issues that will be discussed about its effectiveness of the criminal justice system when dealing with young offenders will be the rights of children when questioned or arrested and penalties for children. The two issues are effective but there are parts to it which limits the effectiveness to response. Below the two issues will be clearly discussed.
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In most cases the person has the right to silence and wait until they have independent legal advice to respond to the police as what they say or do to the police can be used as evidence. However, young people have a slight advantage as the law recognises that they may not be aware of their rights hence this makes them much more vulnerable than adults in these situations. This is backed up through the legal act “Children (criminal proceedings) Act 1987 (NSW)”. This is effective as it allows young offenders to be protected as it enables any information spoken by the young person will not be allowed to be used as evidence. It can only be used if the young person has a responsible adult other than the police member present. This includes parents, youth worker, guardian or a lawyer. This can be seen as being very effective as it is crucial to protect young offenders as they may not understand they have the right to be silent. This is also effective protection as it forces the police member to ensure that there is an adult with them at all times or else it would be seen as ‘evidence’. In R v. CKT 1999 (NSW) case, 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. Furthermore the law offers protection for children when doing strip searches. This falls under the law enforcement (powers and responsibilities) Act 2002 (NSW). This act eliminates the police power and permission to do a strip search on any children who are under the age of ten. Any young person between the ages of ten and eighteen will require having a responsible adult with them apart from the police. This can also be seen as a disadvantage and not effective for any
In most cases the person has the right to silence and wait until they have independent legal advice to respond to the police as what they say or do to the police can be used as evidence. However, young people have a slight advantage as the law recognises that they may not be aware of their rights hence this makes them much more vulnerable than adults in these situations. This is backed up through the legal act “Children (criminal proceedings) Act 1987 (NSW)”. This is effective as it allows young offenders to be protected as it enables any information spoken by the young person will not be allowed to be used as evidence. It can only be used if the young person has a responsible adult other than the police member present. This includes parents, youth worker, guardian or a lawyer. This can be seen as being very effective as it is crucial to protect young offenders as they may not understand they have the right to be silent. This is also effective protection as it forces the police member to ensure that there is an adult with them at all times or else it would be seen as ‘evidence’. In R v. CKT 1999 (NSW) case, 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. Furthermore the law offers protection for children when doing strip searches. This falls under the law enforcement (powers and responsibilities) Act 2002 (NSW). This act eliminates the police power and permission to do a strip search on any children who are under the age of ten. Any young person between the ages of ten and eighteen will require having a responsible adult with them apart from the police. This can also be seen as a disadvantage and not effective for any