LAW

Law Criminal Justice Professionals

Part A

Answer 1

Part 2 of Chapter 1 of the Child protection Act 1999 (Qld) outlines the principles and purpose of the legislation in the division 1. According to the legislation, the purpose of this act is to protect children. The main principles of this act are safety, best interests and wellbeing of children is most important. General principles that are ensured by this act are protecting children from any harm, responsibility of parents for their development and upbringing, responsibility of State to protect an orphan and other rights of children regarding their relation to their families and kin. On the other hand, the act also provides special consideration to the aboriginal or Torres Strait Islander children. According to this section children are allowed to maintain their relation with their culture, tradition, family, language and community. It also takes into account the long-term effect of decisions regarding their identity and connection with their community and identity.

Answer 2

The sentencing guidelines are detailed out in the 9 section of the Penalties and Sentences Act 1992. It deals with the statutory identification of the mitigating aspects. The section details the related purposes of sentencing and the matters that a sentencing court is integrated to impose the sentences. However, the statute is not comprehensive about the related considerations that may be considered and other principles of common law remain essential to the liberation of the sentencing task in Queensland. The sentencing court is needed to have considered the presence of any mitigating aspects with reference to the offenders. The act lists out the mitigating factors which range from the blame for the offence, character, age and intellectual capacity of offenders and also the extent of help provided by the offenders to the agencies of law enforcement. Imposed and served sentences by an offender in another territory and state, are other mitigating factors that are considered in the act. In the case in which offenders are aboriginal or Torres Strait Islander, it is make sure that the submissions made by the representative of their community justice group are relevant to the sentences. The act also defines the punishments for the offenses made by children less than 16 years.

Answer 3

The act that deals with the justice of young offenders in South Australia is called the Young Offenders Act, 1993. This act gives priority to holding the young person responsible and liable for their attitude and behaviours and also ensures that the community is protected from their deviant behaviour. It also considers that the sanctions should be severe to provide a suitable level of deterrence. The rehabilitative ideals of strengthening and preserving the relation of young offender with their family are also consigned to a secondary position which is only considered when an individual case allows considering it.

When a court finds out that a youth is guilty of a major indictable offense, it records the conviction for such offence until or unless court views it as an unnecessary ...