Answer To: HSSW 504 Assignment 1 Submission This unit, the essay is worth 50% of the total assessment. Feedback...
Preeti answered on Mar 17 2020
Case questions
1) Section 13 of the Children (Criminal Proceedings) Act 1987
The Children (Criminal Proceedings Act 1987) is defined as an act dealing with the matters related to the criminal proceedings against children and young persons. The children and young persons are two major target areas of The Children (Criminal Proceedings Act 1987). The act has clearly defined and detailed the criminal justice system for children and young people in terms of specifying provisions regarding how to bring children before court proceedings, allegations, and potential consequences. The provisions of the act apply to the children above the age of 10 and below the age of 18 years. There are two main provisions of the act applied in the underlying cases-role of the police and admission & legal advice (Children (Criminal Proceedings) Act 1987 No 55, 2018).
In detailed terms, role of the police is considered as an initial decision to deal with the crime done by a child and rests with the child to handle. The offenses covered and specified by the act are rests with the police to handle and manage. For this, it is necessary on the part of police to first consider a warning, then a caution, and finally a conference. In case, a child is prima facie aboriginal for a warning or caution, or it is believed to be inappropriate to confront the child, then the case should be referred to the Specialist Youth Officer (SYO) for deciding how the child and matter should be dealt with. There is range of Specialist Youth officers appointed at local area and regions which could be dealt or consulted with (Children (Criminal Proceedings) Act 1987 No 55, 2018).
Second provision of the act is concerned with Admissions and legal advice which requires a child must be asked to admit the offence in the presence of an appropriate adult. Moreover, child is allowed to choose an appropriate adult, if his/her age is 16 or over. The act also defined the principle that the children should be entitled to be informed regarding their right to receive legal advice and access an opportunity to obtain such advice. It is the duty of the police to inform child regarding their right to receive legal advice, before arranging a caution or conference (Korff, 2017).
In accordance to the above defined provisions, it could be said that Millie is entitled to seek legal advice of the responsible adult. The provisions of the act seem to be adopted perfectly by the Millie as she asked police to contact a Specialist Youth Officer in the process of confrontation, allegations, etc. In this context, it can be said certainly that the statement given by the Millie is not entitled to be admitted or accepted as evidence unless it was given in the presence of a responsible adult. In the absence of responsible adult, child is not considered as eligible for a caution or conference. There is no validity in the statement given by a child, if it is given in the absence of an appropriate child (Wieman, 2018).
Likewise, Millie’s statement is not valid and considered as valid evidence, in case, it is given in the absence of a responsible adult. The main reason behind seeking presence of a responsible adult is to provide appropriate legal advice to the child. Millie is an aboriginal young child, incapable to legally judge and decide regarding what to say, and, in what manner. The main role of the responsible adult is to provide legal direction and guidance to the child. The responsible adult also performs the duty of making child comfortable in the process of confrontation and caution for ensuring that statements and evidences are provided with full of mind and deliberately (Wieman, 2018).
2) Concept of due process
The concept of due process is understood as a legal requirement asking state and judiciaries to respect all legal rights owed to a person. Every individual person is owed and entitled with this with no scope of violation and ignorance. The judiciary authorities and government officers are also not empowered to violate this law. The concept of due process is interpreted frequently in legal laws and criminal proceedings for limiting and preventing judges in handling cases with partiality and injustice. The legislators are required to guarantee fairness, justice and liberty. In context to the underlying case, the interpretation of due process is expressed and defined as a command asking police authorities not to be unfair, or abusing them physically or emotionally.
The concept of due process in the underlying case scenario is highly crucial as it police officers should not be allowed to force or use undue authority on Millie for accepting certain facts or giving evidence in forceful manner. The actions of responsible adult or support workers and police officers should be determined and controlled by this concept of due process (Libesman, 2013).
As Millie is an aboriginal young adult who is not in the position of understanding criticality of performed act and its implications. Her attitude is defined largely by ignorance and negligence leading her to provide false or factual evidences with no strong grounds. In this context, it would be quite easier for police officers to force and manipulate Millie in providing specific nature facts and evidences. The case scenario has also proved this fact as police officer forced or pressurised her through stating that ‘just admit you...