The Role of Duty Solicitors in Children's Court Criminal Matters: The Perceptions of Children and Duty Solicitors

1988 ◽  
Author(s):  
Judith Cashmore ◽  
Kay Bussey
1996 ◽  
Vol 21 (4) ◽  
pp. 22-28 ◽  
Author(s):  
Anne Markiewicz

An evaluation of pre-hearing conferences in the Children's Court of Victoria was carried out during 1994 by five members of staff from the School of Social Work at the University of Melbourne. An interesting theme which emerged from this evaluation is the role of the convenor as pivotal to the process of the pre-hearing conference. The convenor has emerged as a critical figure in the success of the mediation process, and the knowledge, skills, and values they are equipped with are seen as essential to their effective operation. This article describes the role of convenors and the many responsibilities they must juggle in fulfilling their role, and the characteristics which make for an effective and successful conference. As conferences become a more frequent method of resolving conflict between individuals, families and society, it is hoped that the principles which emerge from this article will be applied to other conference proceedings. It is clear that we are moving away from conventional adversarial methods, to mediative and conciliative modes, and in doing so we need to become clear about the characteristics which are required for such processes. This is one exploratory study of a pilot project in Victoria which should be of interest to other conferencing and mediation mechanisms.


2012 ◽  
Vol 37 (2) ◽  
pp. 69-75 ◽  
Author(s):  
Patricia Hansen

This article reports on a study of Children's Court files relating to completed applications for variation of care orders (section 90 applications) in three specialised Children's Courts in New South Wales. All files that could be located for completed applications were reviewed and nonidentifying data was recorded. The study attempted to examine the type of applications, the characteristics of applicants and the outcomes of the applications. One hundred and seventeen applications were reviewed: almost half of these were made by the then Department of Community Services (DoCS), and about the same proportion of applications were made by parents. After the section 90 applications were determined there was an increase in care orders allocating parental responsibility to the Minister for Community Services with 73% of the children placed under the care of the minister to age 18.


2018 ◽  
Vol 18 (2) ◽  
pp. 244-274 ◽  
Author(s):  
Andrea Caligiuri

The aim of the study is to ascertain how the original Grotian formula ‘aut dedere aut punire’ has been implemented and evolved in international law. The first step is to classify the multilateral conventions that have accepted an aut dedere aut judicare clause. The goal is to bring out peculiarities of the different treaty texts, describing the relationship between the two options dedere and judicare, and the different obligations that arise for the contracting states. We will then examine the content of the two options, to define the legal boundaries within which the contracting states shall or may operate. At this point, we will focus on the legal nature of the aut dedere aut judicare principle that over time may have risen to the status of customary rule. The study will conclude with analysis of reactions to the breach of the aut dedere aut judicare clause by non-complying countries.


2013 ◽  
Vol 4 (1) ◽  
pp. 86-98
Author(s):  
Patricia Curthoys

This article seeks to explore the experiences of those boys who, in late 1930s/ early 1940s Sydney, were considered, by the courts and the churches, amongst others, to be 'the "problem" children of this community'. The sources for this exploration are the records of the Metropolitan Children's Court, Surry Hills and the Christ Church St Laurence Boys' Welfare Bureau. Children's courts were established in New South Wales in 1905. From 1934 onwards all metropolitan cases were heard at Surry Hills. The Boys' Welfare Bureau was established in April 1936 by Christ Church St Laurence, an Anglican church situated near Central Railway Station, Sydney. The records of the Bureau and the Court provide insights into the ways in which both religion and the law attempted to shape the lived experience of these boys, in inner city Sydney, within the context of current ideas about juvenile delinquency and its treatment.


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