Law in Action

• Criminal law


  Deals with how people should behave; what they can and cannot do
• Age of criminal responsibility

  10 years old
• Children under 10


  Not seen as mature enough to commit criminal offences
• Children aged 10-14


  Have limited responsibility for offences they commit; must prove they knew what they did was 'seriously wrong'
• People under 16 found guilty


  No conviction recorded against them unless it was a serious offence; can have conviction wiped from record after 3 years if no more trouble
• John Bulger Case


  • 10-year-olds Jon Venables and Robert Thompson committed the crime
  • Merseyside, England, on 12 February 1993
  • Toddler James Bulger was abducted, taken to a train track and beaten before being killed
  • Media and public reacted with outrage and horror, wanted harsh punishment despite young age of boys
• Areas of law affecting young persons in Australia

  • Education Law
  • Child Protection Law
  • Criminal Law
  • Family Law
• Compulsory Schooling


  Laws mandate school attendance until a certain age
• Rights within Education System

  Students' rights regarding disciplinary actions, special education needs, and anti-discrimination policies
• Welfare and Safety


  Laws aimed at protecting children from abuse, neglect, and exploitation
• Intervention Orders


  Measures to protect children from family violence
• Juvenile Justice System


  Different procedures and penalties for young offenders
• Age of Criminal Responsibility

  In Australia, the age of criminal responsibility is 10 years old
• Parental Responsibility


  Laws about the duties and rights of parents towards their children
• Custody and Access


  Arrangements for children's living and contact with separated parents
• Actus reus


  The accused actually committed the offence and did not just think about doing it
• Mens rea


  A person must have intended to commit the crime; can take forms like intending, being reckless, or being negligent
• Children under 10


  Cannot be held legally responsible for their actions
• Children aged 10-14


  Presumed incapable of criminal intent
• Young people aged 15-17


  Held more accountable but still tried within the juvenile justice system
• Children's Court


  Handles cases, focusing on rehabilitation rather than punishment
• Sentences for young offenders


  Community service, fines, or detention in a youth facility, emphasizing rehabilitation, education, and reintegration
• Young witnesses


  Generally considered competent to give evidence if they understand the difference between truth and lies and the importance of telling the truth
• Special measures for young witnesses

  Screens blocking the view of the accused or using closed-circuit television
• Victim rights and protections

  Access to specialised support services, special court procedures, and information and participation
• Victim impact statement


  Outlines the effects of the crime on the victim's life, considered during sentencing
• Parental/guardian involvement


  Required to support the young person, whether they are the accused, a witness, or a victim
• Legal representation


  Entitled to young people, with legal aid provided if they cannot afford it
• Witness


  Any person who sees a crime take place; gives evidence about the crime in court
• Children as witnesses


  Often deemed too young and incapable of understanding they must not lie
• Criminal record for under 16s


  Crimes not usually recorded, except for serious offences; convictions may be wiped for good behaviour
• Minimum age for criminal responsibility

  10 years old in Australia, with children under 10 not being charged
• Youth justice system


  Focuses on rehabilitation rather than punishment for individuals aged 10-17, with specific courts and detention facilities
• Diversion programs


  Implemented to keep young offenders out of the formal justice system
• Serious crimes by young people

  Can be tried as adults for individuals as young as 14, depending on factors like severity of offense, criminal history, and maturity level
• Differences in youth justice laws/practices

  Vary between states and territories in Australia
• Factors judges consider when punishing offenders

  • Prior convictions
  • Impact on victim
  • Whether offender pleads guilty or not
• Community Service


  Sentencing a person to do voluntary community work, often given for minor offences as an alternative to harsher punishments
• Fines


  Monetary punishment, common for minor criminal offences, aims to make people pay for their actions and prevent reoffending
• Weekend Detention


  Person allowed to work during the week but must spend the weekend in prison, aims to allow normal life while still punishing