In Queensland, the principles governing criminal responsibility for children are carefully structured to address their developmental stages. Under the Criminal Code, the legal system recognises that children are not always capable of understanding the consequences of their actions in the same way adults are.
To issue a child protection order, a Magistrate needs to be satisfied, based on information provided by the Department of Children, Youth Justice and Multicultural Affairs and the Director of Child Protection Litigation, that a child has been harmed, is suffering harm or is at unacceptable risk of suffering harm, and there is no parent able and willing to protect them.
In Australia, there are a wide variety of criminal offences relating to unlawfully dealing with child pornography, also known as child exploitation material. These include the offences of unlawful possession, access, distribution and making of CEM; the most common offence being that of possession.
When police wish to interview a child in relation to a suspected offence, special rules apply. Parents and those with the care of a child who the police want to question should seek urgent legal advice from the outset, before any interview takes place.
In Queensland, the criminal justice system treats children differently to adults. The purpose of dealing with children differently is to acknowledge that children have different maturity levels to an adult, and may not have the same life experience, mental capacity and legal understanding to make adult-like decisions.
When it is appropriate to do so, a child who has criminally offended should be diverted away from the criminal justice system, unless the nature of the offence and the child’s criminal history indicate that a proceeding for the offence should be started.
Court Link is a Queensland bail-based program focused on rehabilitative and therapeutic methods catered to vulnerable defendants. The goal is to support participants in addressing and overcoming underlying issues, needs and vulnerabilities that may have a link to their criminal offending.
A police interview is often the start of a criminal matter and can make or break a case. If you do participate in a police interview, regardless of whether it occurs in a formal or informal setting, it is important to know that it can later be used as evidence against you in Court.