A young person is defined in the Youth Justice (NT) Act 2005 (YJA Act) as a person under the age of 18 or a person under the age of 18. A person who committed an offence while a minor but has now reached the age of 18 is also considered a minor for the purposes of this Act and the Bail (NT) Act 1982. (d) the child or young person lives in a household where there have been incidents of domestic violence and the child or young person is therefore at risk of serious physical or psychological harm, ensure that, if the child or young person decides to testify in whole or in part before the court: Other options for screens and seat changes were also discussed by the competent legal representative with the child concerned or The young people have been thoroughly tested. (b) the parent or other caregiver has not made arrangements and is unable or unwilling to ensure that the child or young person receives the necessary medical care, M Aldridge and J Luchjenbroers, “Linguistic manipulations in legal discourse: Framing questions and `smuggling` information” (2007) 14 International Journal of Speech, Language and the Law 85-107. Long delays in arriving at court – Delays exacerbate stress for children and youth and can affect their memory of events. It should be noted, however, that the Royal Commission into Institutional Responses to Child Abuse investigations have drawn attention to fundamental misconceptions about the memory of lawyers, including bailiffs, that can interfere with decision-making and form the basis of evidence and court proceedings. [18] For example, a common misconception is the belief that retrieving certain details reflects a more reliable memory of basic information,[19] or that older children`s memories are more reliable than those of younger children. [20] (See also section 294AA(1) of the Code of Criminal Procedure, which provides that a judge “may not warn a jury or propose to a jury that appellants as a group are not reliable witnesses.”) In order to ensure that a child or young person can participate in decisions made under this Act that have a significant impact on his or her life, the Secretary is responsible for providing the child or young person: To determine where health inequalities exist, the report aims to present data for each area: disaggregated by young people belonging to certain population groups. to the extent possible. However, this is an area where there is an overall critical data gap (see Data Gaps). Due to the current availability of data, reporting is generally limited to young people: section 344 of the Children, Young Persons and Families Act 2005 (Vic) (CYF Act) provides for a conclusive presumption that a child under the age of 10 cannot commit a crime. The definition of “child” in the JCF Act includes “a person under 18 years of age but at least 10 years of age at the time the offence is alleged to have been committed”, but not a person who “was 19 years of age or older at the time the offence is prosecuted in court” (subsection 3(1)).
see the Youth Justice Conferencing program or[131] the Youth Koori Court program. For Aboriginal youth (children under the age of 18), Youth Koori Court is located in Parramatta and Surry Hills. The court operates on the model of deferred sentencing (section 33 (1) (c2) of the Children (Criminal Procedure) Act 1987) to provide direct treatment and cultural support through an action and support plan over a period of 6 to 12 months prior to sentencing. The young person`s efforts are taken into account in sentencing, as this directly affects the assessment of his or her rehabilitation prospects. [132] Youth are defined in this report as adolescents between the ages of 12 and 24. This stage of life, from adolescence to early adulthood: The Commission also provided information on the selection of topics for young Australians and designed 3 thematic sections of particular importance to members for whom limited data are currently available. For more information, see Youth contributions to information on climate change, discrimination, belonging and health, and LGBTIQ+ youth. (b) in any other case, a person under 17 years of age or, where a protection order, child protection order set out in Schedule 1 or interim injunction referred to in that list remains in force in respect of the person, a person under 18 years of age. » Make sure a child or youth does not have to wait long in court before testifying – this is especially important if the court does not have a separate waiting room for children and youth specifically designed to be child- and youth-friendly (i.e. with appropriate distractions, appropriate facilities, and one or more accompanying persons present).
Also make sure that any child or youth who appears to choose to testify in court is approached by the appropriate legal representative and understands the potential difficulties they may face in doing so. If such a child or youth is in trouble, alternatives may need to be reviewed with them. Parents and other family members can tell you about their concerns about not fulfilling their parenting obligations.
Comments are closed.