Criminal Law And The Criminal Justice System

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1.0 Introduction 2
2.0 Overview 3
2.1 Current Legislation 3
2.2 Raising the Age 3
2.3 Challenges to raising the Age 3
3.0 Relevant Stakeholder’s 4
3.1 Importance of Opinions 4
3.2 Stakeholder’s Perspective 4
3.3 Relevant Case Studies 5
3.4 Reasoning 5
4.0 Current Area of Law 6
4.1 Viewpoints Error! Bookmark not defined.
4.2 Advantages and Disadvantages – Current Age 6
5.0 Effectiveness of Current Law 7
5.1 Retaining or Amending the Current Age 7
6.0 Recommendation 8
7.0 Bibliography 9
8.0 Appendix 10

1.0 INTRODUCTION Criminal Law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedure matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system are kept intact. The Queensland Law Society is interested in finding to what extent the criminal justice system is successfully balancing the rights of individuals with society’s need for order. This report will highlight research and explain the law and how it is applied to the age of Criminal Responsibility. It will then evaluate whether the law is successfully achieving fair and just outcomes for the stake holders involved and make appropriate recommendations for change.

2.0 OVERVIEW In all Australian jurisdictions the minimum age of criminal responsibility is currently 10 years. Between the

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