NCJ Number
211651
Date Published
2003
Length
82 pages
Annotation
This fourth edition of Queensland's "Juvenile Justice: A Legal Practitioners Guide" explains how this Australian State's juvenile justice legislation applies to the processing of juveniles from police contact with a juvenile through sentencing.
Abstract
The first chapter outlines the principles of Queensland's juvenile justice legislation, which encompasses the Childrens Court Act 1992 and the Juvenile Justice Act 1992 (JJA). This fourth edition includes the changes in juvenile case processing introduced by 2002 amendments to the JJA. This chapter explains the principles of juvenile justice, the nature of the Childrens Court, the definition of a child, issues in confidentiality, the requisite capacity for criminal responsibility, and issues in dealing with children in general and Indigenous children in Queensland's juvenile justice system. Chapter 2 explains the legal parameters for initial proceedings in the processing of a juvenile. Issues addressed include police questioning, identifying particulars when a child is not arrested, the admissibility of statements or identifying particulars, diversion by the police and the courts, starting a proceeding, bail, and remand in custody. Chapter 3 considers legal issues in the selection of a legal forum for case disposition, the implications of the Mental Health Act 2000 for juvenile processing, and presentence reports. Sentencing is discussed in chapter 4. Issues addressed are the sentencing scheme, sentencing orders, restitution and compensation, the recording of convictions, and the maintenance of a criminal history. Chapter 5 focuses on the variation and contravention of sentencing orders, as well as variation in community-based orders. Miscellaneous court powers are discussed in chapter 6, followed by a chapter on the role of the Department of Families in juvenile case processing. Chapter 8 provides resource information, such as the provision of legal aid for children, research, complaints, and how to contact various youth services.