Young Offenders In Australia

Any person can commit a criminal act providing that they were physically capable in doing so. The justice system, however, treats offenders differently if they are under the age of 18 due to the different levels of maturity, self-awareness and personal responsibility involved. The criminal justice system and the extent of its effectiveness when dealing with young offenders is a contentious issue. With rates of youth detentions escalating, it has caused some to question the reliability in the justice system and in the rehabilitation when dealing with young offenders. That being said there is still a reasonable success rate in assimilating young offenders which may be due to the justice systems guidance or the natural maturing of these offenders.

The criminal justice system in Australia recognises the Age of Criminal Responsibility. This is where the law treats children and young people differently to adults due to their maturity levels and incapability to comprehend their actions and consequences. The Age of Criminal Responsibility aims to protect children under the age of 18 from being exploited, making uniformed decisions and by being disadvantaged due to their age as recognised in the Children ( Criminal Proceedings)Act 1987. Children can also be less responsible for the actions due to their youth, inexperience and ‘incapability of wrong’, which is also acknowledged in the legal system as ‘Doli Incapax’. This Latin term means that children under a certain age are presumed that they cannot be legally responsible for their actions. This age bracket can be quite controversial due to technology and the normalisation of violence there for

Children are often lead astray easily as well as persuaded and can be misinformed due to their young nature; therefore it is necessary to have implications in order so they are protected. As outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 NSW, there are a number of requirements for police in dealing with young offenders. Police have the same rights to question young people as they do adults, just like young people have the same right to exercise the rights to remain silent. The law adds additional protection for children under the age of 18 as it is assumed that they may not be fully aware of their rights. If a child is questioned by the police there must be a responsible adult over the age of 18 present. Any evidence a child gives to police without the presence of an adult, it will be inadmissible as evidence. The legislation act Law Enforcement (Powers and Responsibilities) Act 2002 NSW was an important step for the Criminal Justice System in protecting youth from making uniformed decisions and being coerced into making false