10 |
Young Offenders |
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| 10.1 |
A child less than 14 years of age is not criminally responsible unless at the time of offending, he or she had the capacity to know that he or she ought not to do the act or omission. Without proof of capacity, the prosecution must fail: section 38 Criminal Code. |
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| 10.2 |
A young offender is a person under the age of 18 years. |
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| 10.3 |
Special considerations apply to the prosecution of young offenders and children. A prosecution of a young offender should always be regarded as a severe step, and generally speaking a much stronger case can be made for methods of disposal which fall short of prosecution unless the seriousness of the offence or the circumstances of the young offender concerned dictate otherwise. Ordinarily the public interest will not require the prosecution of a young offender who is a first offender in circumstances where the offence is not serious. |
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| 10.4 |
Different considerations may apply in relation to traffic offences where infringements may endanger the lives of members of the community and the young driver. |
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| 10.5 |
In deciding whether or not the public interest warrants the prosecution of a young offender, regard should be had to such of the factors set out in Guideline 2: The Decision to Prosecute as appear to be relevant, but particularly to: |
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(1) |
the seriousness of the offence; |
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(2) |
the age and apparent maturity and mental capacity of the young offender ; |
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(3) |
the available alternatives to prosecution, such as a caution, and their efficacy; |
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(4) |
the sentencing options available to the Juvenile Court if the matter were to be prosecuted; |
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(5) |
the young offender's family circumstances, particularly whether the parents of the young offender appear able and prepared to exercise effective discipline and control over the young offender; |
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(6) |
the young offender's antecedents, including the circumstances of any previous caution the young offender may have been given, and whether they are such as to indicate that a less formal disposal of the present matter would be inappropriate; |
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(7) |
whether a prosecution would be likely to be harmful to the young offender or be inappropriate, having regard to such matters as the personality of the young offender and his or her family circumstances; and |
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(8) |
the welfare and rehabilitation of the young offender. |
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| 10.6 |
The above factors are also relevant when determining whether the young offender is to be sentenced under the Juvenile Justice Act or the Sentencing Act. |
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| 10.7 |
Serious or potentially contentious cases, or cases involving the death of any person, require the consent of the Director before any sentencing regime is accepted. |
