WE ARE NOT TOO SOFT ON JUVENILE CRIME.
we are not draconian in our outlook with juvenile.
Tonight, I shall be dealing with the concept of.
doli incapax as an issue of making a legal system .
harder and fairer to all.
Then I shall examine some of the findings as reported .
by the Criminal Law Review Division of the NSW .
Attorney Generals Department.
This debate is about making aspects of the justice .
system harder and therefore fairer in dealing with .
justice for those who have committed crime.
Currently, doli incapax means that the courts believe.
that juveniles are incapable of committing a crime.
between the ages of 10-14.
The Senior Children's Magistrate, Mr Stephen .
Scarlett, has argued strongly that the appointed age .
of doli incapax should be lowered from 14 to 12.
since that roughly corresponds to the age transition.
from Primary School to High School. .
Further, in 1997/1998 of the 1117 criminal matters .
dealt with by the Children's Court in NSW, 85% of.
the children were 12 or 13 years of age, showing a .
large increase in criminal activity.
Of these 1117 criminal matters 247 entered a plea of.
not guilty and doli incapax became a major part of.
the law in these cases. If unable to be established by .
the prosecutor, as is currently the case, then very likely.
the young person in question will escape from the .
penalty he or she might otherwise deserve.
Therefore, we support the recommendation to make .
the justice system harder and fairer, but not harsh. The .
proper age of doli incapax should be from 10-12, not .
10-14 as it is at present.
But the solution to solving crime does not rest .
entirely in the work of the courts. In 1996 the Juvenile.
Crime Prevention Division of the NSW Attorney.
Generals Department conducted a number of focus .
groups totalling a number of 100 young people. All.
groups were asked their views about the possibility.
of preventing crime. .
Several young people agreed that family and.
parenting skills, school education and training, .
