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Drawing the line : the legal status and treatment of the 17-year-old accused in Queensland

Hutchinson, Terry C. & Nuich, Jamie (2011) Drawing the line : the legal status and treatment of the 17-year-old accused in Queensland. Australian Journal of Human Rights, 17(2), pp. 91-130.

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Abstract

Seventeen year olds who come into contact with the police in Queensland are classified as adults and are not afforded the protections available under the Youth Justice Act 1992 (Qld) (YJA). As with any other adult, their offences are dealt with under a raft of legislative provisions including the Criminal Code 1889 (Qld) (the Code), the Police Powers and Responsibilities Act 2000 (Qld) (PPRA) and the Penalties and Sentences Act 1992 (Qld) (PSA). This article argues that this situation is unfair and contravenes international human rights agreements which Australia has ratified, in particular the United Nations Convention on the Rights of the Child (CROC). Article 1 of that Convention defines a child as a person under the age of 18. The youth offences legislation in Queensland only applies to those who have not yet turned 17. This article examines the effects of this anomaly in Queensland, focusing in particular on the pre-adjudication treatment of ‘17 year old adults’.

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ID Code: 48000
Item Type: Journal Article
Keywords: juvenile justice, 17-year-olds, Youth Justice Act 1992 (Qld), UN Convention on the Rights of the Child
ISSN: 1323-238X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Criminal Law and Procedure (180110)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2012 LexisNexis
Deposited On: 10 Jan 2012 22:27
Last Modified: 24 Dec 2014 04:31

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