Drawing the line : the legal status and treatment of 17-year-old accused in Queensland
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Description
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 |
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Item Type: | Contribution to Journal (Journal Article) |
Refereed: | Yes |
Measurements or Duration: | 40 pages |
Additional URLs: | |
Keywords: | 17-year-olds, UN Convention on the Rights of the Child, Youth Justice Act 1992 (Qld), juvenile justice |
ISSN: | 1323-238X |
Pure ID: | 32098879 |
Divisions: | Past > QUT Faculties & Divisions > Faculty of Law Current > Schools > School of Law |
Copyright Owner: | Copyright 2012 LexisNexis |
Copyright Statement: | This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au |
Deposited On: | 10 Jan 2012 22:27 |
Last Modified: | 02 Mar 2024 09:42 |
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