HSSW 304/504 Assignment 1: Children and Young Offenders Act Analysis

This report analyzes two key pieces of legislation concerning children and young offenders in New South Wales: The Children (Criminal Proceedings) Act 1987 and the Young Offenders Act 1997. The report examines the functions of these acts, focusing on how they govern criminal proceedings involving young people and children, and how they aim to ensure fair treatment and understanding of the legal process for children. It highlights the importance of principles derived from the UN Convention on the Rights of the Child in the application of these laws, including the need for accountability while considering the dependency and immaturity of children. The report also explores specific examples of how these principles are applied, such as the court's approach to sentencing and the emphasis on rehabilitation and reintegration, and the use of youth justice conferences, cautions, and warnings. The report references key legal principles and their practical implications, and the impact of these laws on the juvenile justice system, with the goal of promoting positive outcomes for young people involved with the law. The report concludes with a discussion of the Young Offenders Act 1997's role in developing alternative processes to court proceedings and schemes for appropriate responses to crimes committed by children.

HSSW 304/504 Assignment 1: Template
The Children (Criminal Proceedings) Act 1987 (NSW) functions to Conduct the
criminal proceeding in against of young people and children. The Children
(Criminal Proceedings) Act 1987 (NSW) updated the criminal justice program
system’s proceeding for the youth as well as children. It is required by The
Children (Criminal Proceedings) Act 1987 (NSW) that court tries to ensure the
children taken there had an understanding about the claims, potential
significances and the proceeding. The Children (Criminal Proceedings) Act
1987 (NSW) originated as the part of the legislature’s block, with The Child
(Care and Protection) Act, the Community Welfare Act 1987 and the number
of other small piece of legislature (Pooley, 2017).
The principles in S6 relate to what is stated in the UN Convention of the Rights
of the Child by setting out the important principles that should be considered
by the court at the time of dealing with children. The children have the similar
freedom and right prior to the law as grown-ups involving the rights to be
perceived and to take participation in the procedure leading to the decisions
which influence them (Liddell, Blake & Singh, 2017).
Following are the two specific examples-
1. The children, who conduct crime, require to have accountability for the
action. However, due to the dependence and the adulthood, the proper
direction and help. To handle these children, the court should follow the
principles mentioned in S6 related to UN Convention of the Rights of the
Child.
2. As per these principles, this is needed, not to make interference with
the employment and education of children.
These principles are important for young people who are alleged to have
committed or who have been found to have committed an offence because
the children court has the option to punish the young people charged of
the Juvenile Justice Centre while it is satisfied by the Children’s Court that
other punishment’s substitutes are completely improper. The courts may
order that an individual may be committed to the Juvenile Justice Centre for
not more than 2 years. The major effect is that less young people are
transferring to the prison (Whitehead & Tang, 2018).
The Young Offenders Act 1997 functions to develop the processes to deal with
children who conduct same crimes by using the youth justice conference,
caution and warning in place of court proceeding and for other objectives.
The Young Offenders Act 1997 develops the schemes for an objective of
rendering the proper and direct responses to a commission by the children of

HSSW 304/504 Assignment 1: Template
various crimes.
The principles relate to what is stated in the UN Convention of the Rights of
the Child by setting out the political, communal, civil, financial and
cultural rights of all children, in spite of the race, capabilities or religion.
Following are the two specific examples-
1. the principle in relation to respect for the opinions of children
2. The principle in respect of the devotion to the best interest of children
These principles are important for young people who are alleged to have
committed or who have been found to have committed an offence because it
governs the youth justice system. It promotes the reintegration and
rehabilitation of young people (Ainsworth & Hansen, 2017).

HSSW 304/504 Assignment 1: Template
References
Ainsworth, F., & Hansen, P. (2017). A Study of the use of Section 106a of the
Children and Young Persons (Care and Protection) Act 1998 in the New
South\Wales Children's Court. Children Australia, 42(3), 198-204.
Liddell, M., Blake, M., & Singh, S. (2017). Over-represented and
misunderstood: Pacific young people and juvenile justice in
NSW. Australian & New Zealand Journal of Criminology, 50(4), 529-547.
Pooley, K. (2017). Youth justice conferencing for youth misuse of fire: A child-
centred disaster risk reduction mechanism. Australian Journal of
Emergency Management, 32(2), 54-59.
Whitehead, A., & Tang, A. (2018). Criminal law: Early appropriate guilty pleas
for child defendants. LSJ: Law Society of NSW Journal, (46), 78.