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Issue 5 - November 2005

The articles included in the Bulletin are taken from the papers presented at the CLS Conference held at Parramatta on 17 September 2005. The conference was very well attended and the papers presented were of a very high quality. The aim of the conference was to provide practitioners with up to date practical information and resources to ensure that young people receive the highest quality legal representation.

This Bulletin will assist practitioners who are conducting Children’s matters involving the following:

  • Mental Illness and Intellectual Disability
  • Doli incapax
  • Sentencing Children at Law
  • Police Powers
  • Children Charged with Sex Offences
  • BOCSAR Research on Recidivism

The Law Enforcement (Powers and Responsibilities) Act 2002 commenced on 1 December 2005. I have included a paper by Andrew Haesler SC Deputy Senior Public Defender and a paper by Jane Sanders, Solicitor Shopfront Youth Legal Centre on the new police powers Act as well as Harriet Grahame’s conference paper on Police Powers and Children.

The Bureau of Crime Statistics and Research (BOCSAR) is conducting research to determine if specific penalties predict juvenile re-offending.  A Senior Research Officer at the Bureau will be collecting information on the offender’s demographic characteristics; criminal history; level of parental supervision and support; school performance; friendships; and drug habits.  This information will is being collected through structured confidential interviews with young offenders. This research is the first of its kind in Australia and an outline of the research is included in this issue.

This will be the last CLS Bulletin for 2005. We wish you all the best for the holiday season and the New Year.
Teresa O’Sullivan
Senior Solicitor
Children’s Legal Service

Articles for Issue 5
All articles are in pdf format

BOCSAR Research Outline 

Children and Sex Offences

Children and Police Powers

Criminal Capacity of Children

Criminal Jurisdiction of the Children's Court

Development and Maturity in Young People in the Forensic Environment

Mental Health Cases

Mental Health in Criminal Law

Mental Illness and Insanity Cases

Police Powers 2005

Sentencing and Children 2005 

Sentencing in the Children's Court by CM Schurr 

New Police Powers: The Law Enforcement (Powers and Responsibilities) Act