Juvenile Justice Report: Responsible Adult's Role in NSW Law

This report delves into the crucial role of a responsible adult within the framework of juvenile justice, specifically referencing the Children (Criminal Proceedings) Act 1987 (NSW). It meticulously outlines the responsibilities of a responsible adult, emphasizing the importance of safeguarding a child's rights during legal proceedings, particularly during interrogations and confessions. The report provides a detailed analysis of due process, highlighting the steps required to ensure fair treatment and protect the child from potential coercion or undue influence by law enforcement. It also explores legislative options available to the police when dealing with juvenile offenders, with a focus on the case of Millie, a 15-year-old accused of theft. Furthermore, the report discusses the significance of the responsible adult's presence in upholding the child's rights, ensuring fair sentencing, and facilitating potential appeals. The conclusion underscores the importance of a responsible adult in protecting a child from false confessions and ensuring all evidence is appropriately considered within the legal process.

Juvenile Justice, assignment 1. LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
Description of the role of a responsible adult under section 13 of Children (Criminal
Proceedings) Act 1987 (NSW) 1
Concept of due process informing actions as a responsible adult 2
Steps taken to ensure due process is upheld 3
Legislative options available with the police to deal with the described matter 5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
A responsible adult plays a vital role in saving a child from any false confession and ensure
that all the evidences are duly considered before announcing a child as thief. Present report
discuses regarding description of the role of a responsible adult as per criminal Proceedings Act
1987 of NSW. The report further makes comprehensive discussion regarding concept and steps
involved in due process and role of as responsible adult in it. In the end, report focuses upon
legislative actions that can be taken by the team in case of Millie so that appropriate evidences
regarding 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 (Criminal
Proceedings) Act 1987 (NSW)
Section 13 of the Children (Criminal Proceedings) Act 1987 is a specific legislative
provision which is related to statements that are made by children when they are brought in to
scrutiny for performing any crime. It shall not be admitted unless, a person who is responsible
for the child is present at those proceedings. He must other individual who does not belong to the
family of child and takes his /her responsibility as well. In case, if the age of child under scrutiny
is above 16 years, the individual who is calling himself as a responsible adult, he must represent
himself only after the consent of child1. The individual can also be a barrister or solicitor which
has been chosen by the child. It is important to provide sufficient and proper reasons if such an
adult is not present during criminal proceedings, confessions and interrogations.
It is the responsibility of responsible adult to be able to deal with the entire information
that has been given by the child to the legal prosecutors and police during interrogation. Section
13 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 questions
that are asked to them. Their confidence may fail and may make false confessions due to
inappropriate pressure being undertaken by the police. It can be vulnerable situation for the child
and may not be able to foresee the consequences of the actions that they may take in that
condition2. It is more susceptible to be at psychological pressure being put on their minds at the
time of criminal proceedings.
Police tend to deal with children in an impropriety situation. There are other subtle means
present which can be adopted by police during interrogations and confessions. In order to
1 Australian Constitution s 13
2 Ashworth, A. and Horder, J., 2013. Principles of criminal law. Oxford University Press.
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address these tender issues that are related to child and their psychological condition, section 13
of criminal proceedings act has been prepared where presence of responsible adult is mandatory
so as to ensure that no unfairness and unconscionable conduct at the time of interview is initiated
by the police while dealing with criminal suspect child.
The case represented introduces Millie who is 15 year old child, who has been taken into
criminal prosecution for stealing goods from any electronic store. I have been appointed as a
responsible adult where it is my duty to ensure that she does not confess something which has
not been conducted by him. It is the duty of responsible adult to be present at the time of
interrogation. He can protest against any unfairness if held with Millie and can ask for fair
judgement if he does not find the verdict correct. He must look after the interest of child while
she is involved in criminal proceedings. Hence, presence of responsible adult can help Millie in
getting justice and released if she has not been involved in theft of electronic products.
Concept of due process informing actions as a responsible adult
The concept of due process is a formal court proceeding that is carried out regularly as per
the established rules and regulation. It shows that all the rules and regulations that have been
issued by the court are duly complied with, without any failure. In light to the act of
establishment of rights, it is necessary requirement that is important to be complied by
responsible child, as issued in section 13 of the act3. Responsible adult cannot bear a passive role
where he does not exercised the rights which he could have used. It must be ensured that the duty
of responsible adult is carried out in a pro-active manner and all the operations are effectively
understood while standing as a responsible adult for a child4. A passive role by the adult reflects
that he may not be able to fulfil his rights and duties. There are certain roles that are comprised
with the abilities and within the periphery of enactment of responsible adult. In such cases,
responsible adult is the last resort for children brought under criminal proceedings. Hence, it is
the duty of responsible adult to be actively present for the child and ensure that no unfairness and
exploited behaviour on child is conducted on her during this process5. Due process is related to
3 McDiarmid, C., 2013. An age of complexity: Children and criminal responsibility in law. Youth
justice. 13(2). pp.145-160.
4 Children (Criminal Proceedings) Act 1987 No 55. 2018. [Online]. Available through
<https://www.legislation.nsw.gov.au/#/view/act/1987/55/part2/div2>.
5 Cauffman, E. and Steinberg, L., 2012. Emerging findings from research on adolescent development and
juvenile justice. Victims & Offenders. 7(4). pp.428-449.
2

individualized hearing which focuses upon whether releasing her to the responsible child or
holding child on state custody is the best option available to the child. The process must be
known to responsible adult as well so that better indication of positive result can be initiated in
case of Millie. If he is the mute observer and does not act on various steps that could have helped
Millie, then it is difficult that she could receive positive results. Merely notifying the attendance
is not something which is expected out of a responsible adult. Since, his acts could have
ineffective or effective implications on the forward life of Millie.
Section 6 of Criminal Proceedings Act reflects regarding statement of principles court must
continually have resort to exercise justice for juvenile. In such cases, the actions must be taken in
such a manner which is in best interest of the child6. Moreover, recognition of rights and
responsibilities over child can help in ensuring that justice in undeniably given to Millie. In this
case, responsible adult plays an important role as two main roles are played by him at this
scenario. First is to protect child from any self-harm activity and unfair and improper conduct by
the police7.
Steps taken to ensure due process is upheld
Responsible adult plays an important role in understanding the condition of child and
assessing whether the crime has actually been committed by him or not. He must be present in
the criminal justice process where series of investigation procedure is involved. At this step, the
offender needs to ensure whether the child, for whom he is acting as a responsible adult, has
actually performed the crime for which he /she has been arrested or not. There are certain steps
involved while processing a criminal case and responsible adult has to be a part of each and
every step. Some of them are mentioned below:
 Investigation of the crime is performed by the police. In this process, investigators are
involved in gathering evidences and identifying the suspect. If Millie has been arrested
as a suspect, it is the duty of responsible adult to ensure whether the crime was actually
performed by her or not. Moreover, ensuring that all the evidences are correctly
interpreted8.
6 Cipriani, D., 2016. Children’s rights and the minimum age of criminal responsibility: a global persp
7 Lykken, D. T., 2013. The antisocial personalities. Psychology Press.
8 Penney, S., 2012. Impulse control and criminal responsibility: Lessons from neuroscience. International
journal of law and psychiatry. 35(2). pp.99-103.
3

 The second step involves arrest of the suspect. The individual is taken into custody so
that he / she can be presented to the court for further investigator and confession.
Millie is under the custody of police; hence, it is the duty of responsible person to be
present at the time of interrogation process so as to ensure that no coercion or undue
influence is used by the team which can lead to false confession of Millie.
 When it has been decided by the team of investigator to charge a particular person with
crime, in that case, it is important that responsible adult ensures that the imprisonment
or any kind of punishment given to the child is valid enough and all the evidences have
been taken into due consideration9.
 Indictment is the other important aspect where individual is charged for the crime
performed by him or her. Millie, being suspected in case of theft, responsible adult can
ensure that probable cause of performing the crime is also brought forward.
 Sentencing is another vital aspect when focused upon criminal proceedings and
involvement of a child in it. It actually depends on the judge and type of intensity of
crime performed by the individual that what type of sentence or punishment will be
extended to the prosecutor. This is the duty of responsible adult to ensure whether the
punishment extended to Millie is appropriate10.
 Appeals can be filed by responsible adult if he finds something inappropriate regarding
punishment or sentencing given to Millie. It is the duty of responsible adult to save the
child from any type of illegal actions that can be taken by the prosecutors at the time of
prosecution.
 Rehabilitation and punishment is performed in the case where authorities can leave the
child on pay role or rehabilitate them so as to bring them on the right track. It must be
ensured by responsible adult that appropriate actions regarding the same have been
taken and Millie could come out of rehabilitation centre11.
Legislative options available with the police to deal with the described matter
Investigator does not have any right to perform any type of criminal proceedings, unless an
attended court notice has not been sent to him or her. However, before opting for any court
9 Herring, J., 2014. Criminal law: text, cases, and materials. Oxford University Press, USA.
10 Meynen, G., 2013. A neurolaw perspective on psychiatric assessments of criminal responsibility: Decision-
making, mental disorder, and the brain. International Journal of Law and Psychiatry. 36(2). pp.93-99.
11 Feld, B. C., 2012. Adolescent criminal responsibility, proportionality, and sentencing policy: Roper, Graham,
Miller/Jackson, and the youth discount. Law & Ineq.. 31. p.263.
4

attendance, it is important to follow certain principles before proving a child to be a convict.
Some of them are mentioned below:
 A child enjoys rights and freedom before law as in the case of adults. Hence, Millie have
right to be heard, participate and certainly in the process which can affect the overall
decisions of the investigator regarding the offence. It may be the possibility that she has
not performed the offence at all12.
 Children, who ten to involve in any kind of criminal activity are responsible for its
consequences as well. But due to their dependency and lack of maturity level, it is
important to have presence of guide, assistant as a responsible adult who is ready to take
all the responsibility of the child being convicted13.
 The child has rights to move to house wherever possible so that any kind of mental or
physical pressure is not borne by them at the time of prosecution process. However, if
the child is in violent state, he /she must not be allowed to move to home.
 The penalty that is imposed on the child must not be greater than what is imposed on
adult who have committed same level of crime.
 If the child has been arrested due to some serious crime being done by him/ her, then he /
she must be taken into custody. In such cases, there are higher chances that further
offences can also be committed14.
 Any statement, confession, information or evidence made by the member will not be
taken into consideration unless the individual is the one who is responsible for the child.
The individual who is below the age of 14. In that case, evidences in the form of
statement, information and confession will not be considered.
CONCLUSION
From the above report, it can be concluded that the investigator involved in interrogating a
child below the age of 18 or a Juvenile, it is important for them to ensure that a responsible adult
is present with him / her. The case discuses regarding a girl. Millie, who has been brought into
precaution for the suspect of being a thief in the crime of picking up electronic items from an
12 Guggenheim, M., 2012. Graham v. Florida and a Juvenile's Right to Age-Appropriate Sentencing. Harv. CR-CLL
Rev.. 47. p.457.
13 Pearson, K. C., 2012. Filial support laws in the modern era: Domestic and international comparison of
enforcement practices for laws requiring adult children to support indigent parents. Elder LJ. 20. p.269.
14 Haines, K. and Case, S., 2015. Positive youth justice: Children first, offenders second. Policy Press.
5

electronic store. In such case, responsible adult must be aware of his duties and responsibilities
that can be performed by him so as to save her from any kind of wrongful or false conviction.
6

REFERENCES
Books and Journals
Ashworth, A. and Horder, J., 2013. Principles of criminal law. Oxford University Press.
Cauffman, E. and Steinberg, L., 2012. Emerging findings from research on adolescent
development and juvenile justice. Victims & Offenders. 7(4). pp.428-449.
Cipriani, D., 2016. Children’s rights and the minimum age of criminal responsibility: a global
persp
Feld, B. C., 2012. Adolescent criminal responsibility, proportionality, and sentencing policy:
Roper, Graham, Miller/Jackson, and the youth discount. Law & Ineq.. 31. p.263.
Guggenheim, M., 2012. Graham v. Florida and a Juvenile's Right to Age-Appropriate
Sentencing. Harv. CR-CLL Rev.. 47. p.457.
Haines, K. and Case, S., 2015. Positive youth justice: Children first, offenders second. Policy
Press.
Herring, J., 2014. Criminal law: text, cases, and materials. Oxford University Press, USA.
Lykken, D. T., 2013. The antisocial personalities. Psychology Press.
McDiarmid, C., 2013. An age of complexity: Children and criminal responsibility in law. Youth
justice. 13(2). pp.145-160.
Meynen, G., 2013. A neurolaw perspective on psychiatric assessments of criminal responsibility:
Decision-making, mental disorder, and the brain. International Journal of Law and
Psychiatry. 36(2). pp.93-99.
Pearson, K. C., 2012. Filial support laws in the modern era: Domestic and international
comparison of enforcement practices for laws requiring adult children to support indigent
parents. Elder LJ. 20. p.269.
Penney, S., 2012. Impulse control and criminal responsibility: Lessons from
neuroscience. International journal of law and psychiatry. 35(2). pp.99-103.
Online
Children (Criminal Proceedings) Act 1987 No 55. 2018. [Online]. Available through
<https://www.legislation.nsw.gov.au/#/view/act/1987/55/part2/div2>.
7