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NSWLegal StudiesQuick questions
Core Part I: Crime
Quick questions on Young offenders and the Young Offenders Act 1997 (NSW): HSC Legal Studies
8short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is age of criminal responsibility?Show answer
In NSW, the minimum age of criminal responsibility is 10 years. Children under 10 cannot be charged with any offence (Children (Criminal Proceedings) Act 1987 (NSW) s 5).
What is the Young Offenders Act 1997 (NSW)?Show answer
The Young Offenders Act 1997 (NSW) creates a four-step diversionary hierarchy. Police and the Director of Public Prosecutions must consider lower steps before charging.
What is the Children's Court?Show answer
Most matters concerning children under 18 are heard in the Children's Court of NSW, established under the Children's Court Act 1987 (NSW). Closed to the public, with a publication ban on the child's identity (Children (Criminal Proceedings) Act 1987 (NSW) s 15A). Serious indictable matters (e.g. murder) are transferred to the District or Supreme Court.
What is sentencing of young offenders?Show answer
Detention is a last resort. Where imposed, it is served in a youth detention centre administered by Youth Justice NSW. Maximum control orders under the Children (Criminal Proceedings) Act 1987 (NSW) are 2 years.
What is contemporary reform?Show answer
The Council of Attorneys-General has been considering raising the minimum age of criminal responsibility from 10 to 14 since 2018. The 2020 Council of Attorneys-General report recommended raising the age. The Australian Capital Territory raised the age to 12 in 2023 (Raising the Minimum Age of Criminal Responsibility Legislation Amendment Act 2023 (ACT)) with a commitment to 14 by 2025. Victoria announced a commitment to raise the age.
What is indigenous over-representation?Show answer
Aboriginal and Torres Strait Islander children are severely over-represented in NSW youth detention. The Productivity Commission Closing the Gap Annual Report 2024 confirms Indigenous youth incarceration rates have not improved meaningfully in the last decade.
What is treating doli incapax as a defence the child must raise?Show answer
It is a presumption the prosecution must rebut.
What is forgetting Schedule 1 exclusions?Show answer
Serious indictable offences proceed directly to charge; diversion is not available. :::