Juvenile Justice Assignment
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Added on 2020-10-04
Juvenile Justice Assignment
Added on 2020-10-04
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Juvenile Justice, assignment 1. LAW
Table of ContentsINTRODUCTION...........................................................................................................................1Description of the role of a responsible adult under section 13 of Children (CriminalProceedings) Act 1987 (NSW)1Concept of due process informing actions as a responsible adult2Steps taken to ensure due process is upheld3Legislative options available with the police to deal with the described matter5CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
INTRODUCTIONA responsible adult plays a vital role in saving a child from any false confession and ensurethat all the evidences are duly considered before announcing a child as thief. Present reportdiscuses regarding description of the role of a responsible adult as per criminal Proceedings Act1987 of NSW. The report further makes comprehensive discussion regarding concept and stepsinvolved in due process and role of as responsible adult in it. In the end, report focuses uponlegislative actions that can be taken by the team in case of Millie so that appropriate evidencesregarding the case can be collected without indulging into any kind of false confession.Description of the role of a responsible adult under section 13 of Children (CriminalProceedings) Act 1987 (NSW) Section 13 of the Children (Criminal Proceedings) Act 1987 is a specific legislativeprovision which is related to statements that are made by children when they are brought in toscrutiny for performing any crime. It shall not be admitted unless, a person who is responsiblefor the child is present at those proceedings. He must other individual who does not belong to thefamily of child and takes his /her responsibility as well. In case, if the age of child under scrutinyis above 16 years, the individual who is calling himself as a responsible adult, he must representhimself only after the consent of child1. The individual can also be a barrister or solicitor whichhas been chosen by the child. It is important to provide sufficient and proper reasons if such anadult is not present during criminal proceedings, confessions and interrogations.It is the responsibility of responsible adult to be able to deal with the entire informationthat has been given by the child to the legal prosecutors and police during interrogation. Section13 has been formed with the aim to give strength to child to speak. Since, they are at that age,where they lack maturity, verbal and writing skills and experience to stand up to the questionsthat are asked to them. Their confidence may fail and may make false confessions due toinappropriate pressure being undertaken by the police. It can be vulnerable situation for the childand may not be able to foresee the consequences of the actions that they may take in thatcondition2. It is more susceptible to be at psychological pressure being put on their minds at thetime of criminal proceedings. Police tend to deal with children in an impropriety situation. There are other subtle meanspresent which can be adopted by police during interrogations and confessions. In order to1Australian Constitution s 132Ashworth, A. and Horder, J., 2013.Principles of criminal law. Oxford University Press.1
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