"The rights of children when questioned or arrested" syllabus dotpoints (1 Viewer)

[har]

I am having trouble writing my notes for this dot point. Ive been stuck on it for 1 hour so far and I don;t understand what to write about :/

Could someone post or send me their notes for this dotpoint or maybe tell me what Im supposed to write for this and where to find the information ?

Thank you

 

[findx]

Write what rights that children have when questioned and arrest.

e.g.
- Right to an support person during a police interview
- Cannot be interviewed for more than 2hours

 

[har]

Ya but in my book theres all this other stuff rather than just reciting the rights it says :


Young offenders act 1997
Youth justice conferencing
Court appearances

 

[har]

• The rights of children when questioned or arrested
 Children have all the same rights as adults when arrested and questioned but also have extra special protections to due their vulnerability
The “Seen and Heard: Young People and the Legal Process” report by the ALRC and the HREOC made a number of recommendations:
 Standardising across Australia, the minimum age of criminal responsibility
 Standardising national standards through legislation or policy for juvenile justice
 Covering investigation, arrest, bail conditions, sentencing and detention
The Young Offenders Act 1997
 Aims to provide alternatives to court proceedings and is designed to foster restorative justice (Youth justice conferencing) and the rehabilitation of the child
 It outlines:
1. The least restrictive form of sanction is to be applied against the child
2. A child has the entitlement to be informed about their right to obtain legal advice and have an opportunity to do so
3. Criminal proceedings are not to be instituted against the child if there is an alternative means with dealing with the matter
4. Parents should be included in the justice process
The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) sets out the police powers in relation to children which includes:
 Police have the right to ask a child/youth for their name and address
 However, the child does not have to answer unless they are driving, drinking alcohol in public places or suspected of committing a serious indictable offence
 Police have to right to ask questions but the youth has the right to silence
 Children have the right to have a responsible adult present when questioned by police. Anything said without the presence of such a person will be inadmissible in court.
 Police can search, but not strip search a child under 10 and must have a responsible adult present to do so if the child is aged 10-18
 Police can arrest a young person if:
1. They suspect the person has just, is in the middle of or is about to commit a crime
2. They have a warrant

 

[har]

I hope you can see what I mean? Which ones are the rights ..???

 

[findx]

• The rights of children when questioned or arrested
 Children have all the same rights as adults when arrested and questioned but also have extra special protections to due their vulnerability
The “Seen and Heard: Young People and the Legal Process” report by the ALRC and the HREOC made a number of recommendations:
 Standardising across Australia, the minimum age of criminal responsibility
 Standardising national standards through legislation or policy for juvenile justice
 Covering investigation, arrest, bail conditions, sentencing and detention
The Young Offenders Act 1997
 Aims to provide alternatives to court proceedings and is designed to foster restorative justice (Youth justice conferencing) and the rehabilitation of the child
 It outlines:
1. The least restrictive form of sanction is to be applied against the child
2. A child has the entitlement to be informed about their right to obtain legal advice and have an opportunity to do so
3. Criminal proceedings are not to be instituted against the child if there is an alternative means with dealing with the matter
4. Parents should be included in the justice process
The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) sets out the police powers in relation to children which includes:
 Police have the right to ask a child/youth for their name and address
 However, the child does not have to answer unless they are driving, drinking alcohol in public places or suspected of committing a serious indictable offence
 Police have to right to ask questions but the youth has the right to silence
 Children have the right to have a responsible adult present when questioned by police. Anything said without the presence of such a person will be inadmissible in court.
 Police can search, but not strip search a child under 10 and must have a responsible adult present to do so if the child is aged 10-18
 Police can arrest a young person if:
1. They suspect the person has just, is in the middle of or is about to commit a crime
2. They have a warrant

Rights are in bold

Also,
I recommend getting the Excel HSC Legal Studies book. It'll assist you with answering questions and have summarises and also cover the themes and challenges

 

[har]

So all that extra stuff I wrote is unneeded?

 

[findx]

Yes, if these are your super-summarised notes

 

[FallingNightSky]

YOU ARE UNDER ARREST, YOU HAVE THE RIGHT TO REMAIN SILENT, ANYTHING YOU SAY OR DO CAN AND WILL BE HELD AGAINST YOU IN COURT, YOU HAVE THE RIGHT TO ATTORNEY, ONE WILL BE PROVIDED IF YOU CANNOT AFFORD ONE, DO YOU UNDERSTAND???

Refer to 21 Jump street

 

[har]

YOU ARE UNDER ARREST, YOU HAVE THE RIGHT TO REMAIN SILENT, ANYTHING YOU SAY OR DO CAN AND WILL BE HELD AGAINST YOU IN COURT, YOU HAVE THE RIGHT TO ATTORNEY, ONE WILL BE PROVIDED IF YOU CANNOT AFFORD ONE, DO YOU UNDERSTAND???

Refer to 21 Jump street

Really? Will that help me im downloading it now is it a legal studies dvd or something?