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What is legal capacity? What factor can impact this?
Legal capacity is known as the ability of a person to do something. A persons age can affect their capacity. An example is you have to be 18 to buy alcohol
State the rights for people under 18
Who are the accused? What is the age for accused people? What happens to them?
A person who is 10 can be accused as they are deemed mature enough to commit criminal offences. People aged between 10-14 has limited responsibility for offenses they commit. If they are charged, it must be proven that they knew what they did was seriously wrong.
What happens to people under 16 in regards to charges?
People under 16 found guilt will have no conviction against them unless its serious. After 3 years their conviction will be wiped out if they are good
Who is a witness? What do they do?
A person who gives evidence in court. They must swear an oath to tell the truth by holding a religious text. Children can only be witnesses if they understand what the oath is
Who is a victim?
A person who is injured or killed by another person due to violence. Sometimes victims aren't born– illegal abortion
What is actus reus? State its main features.
- Its when a person who committed the offence did not think about commiting the crime. Main features of this are:
- The act occurred
- Was carried out by the accused
- It was voluntary
What is mens reus?
A person intended to commit the crime such as being reckless and negligent (not giving someone first aid)
What are modern day punishments?
fines, community service, weekend detention, home detention, good behaviour bonds and jail
What are olden punishments?
Whipping, exile, deportation, torture and capital punishment were used
What kind of factors affect a judges decision for punishment?
a guilty plea, circumstances, prior convictions and the hardship of the sentence
What happens when the police arrests you?
- Police can only arrest you if they have a warrant or suspect you broke the law
- You must be told your under arrest and what your charge is
- You must be told not to say anything or else it may be used in evidence
- You may handcuffed, and if you are violent, capsicum spray will be used
- At the police station you are to give personal records and details
What happens during a personal search?
- Police can only search if you if they have a search warrant
- Pat downs will be conducted if they suspect you have drugs or weapons
- Search is usually conducted as the same sex officer
Who do you call at the station?
- At the station you should be allowed to call a friend or legal representative
- If you can not afford legal representatives you may be entitled to legal aid
What happens during a formal interview?
- If you’re under 18 an adult (parent/guardian/social worker) must be present
- You will be asked questions
- Interview may be recorded or videotaped
- You can answer what you want
- You’ll be given a copy of the interview
What happens during a fingerprint analysis?
- If you are under 10, you can’t be finger printed
- If you are 10-17 it can only be obtained if there is a court order, an indictable offence or a parent/guardian is present
- Police can use reasonable force (they don't hurt you) to get your finger prints
What happens when you are charged?
You will either be realised on bail or held on remand until the court makes a decision for the sentence