s23 – Children in the Criminal Process

The Children’s Rights Alliance for England v Secretary of State for Justice [2012] EWHC 8 (Admin) (11 January 2012)

The use of restraints against young people in Secure Training Centres The Children’s Rights Alliance for England v Secretary of State for Justice [2012] EWHC 8 (Admin) (11 January 2012) Summary This decision of the England and Wales High Court held that whilst certain measures had been unlawfully perpetrated against young people in secure training [...]

Centre for Child Law v Minister for Justice and Constitutional Development and Others (with the National Institute for Crime Prevention and the Re-integration of Offenders as Amicus Curiae) [2009] ZACC 18 (15 July 2009)

Rights of the Child and Minimum Sentencing Legislation Centre for Child Law v Minister for Justice and Constitutional Development and Others (with the National Institute for Crime Prevention and the Re-integration of Offenders as Amicus Curiae) [2009] ZACC 18 (15 July 2009) The Constitutional Court of South Africa upheld a decision of the High Court [...]

Khadr v Canada (Minister for Justice) [2009] FC 405 (23 April 2009)

Obligations of States to Citizens Detained Abroad Khadr v Canada (Minister for Justice) [2009] FC 405 On 23 April 2009, the Federal Court of Canada handed down a decision which discussed in detail the right of citizens to request their government to provide protection against acts which violate accepted norms of international law during a [...]

R v DB [2008] SCC 25 (16 May 2008)

The Supreme Court of Canada recently considered the validity of a rebuttable presumption that minors committing serious offences should be sentenced as adults.  A majority of the Court concluded that the presumption offended against the right not to be deprived of liberty otherwise than in accordance with principles of fundamental justice under s 7 of [...]

DPP v TY (No 3) [2007] VSC 489 (28 November 2007)

In sentencing a young offender found guilty of murder, Bell J of the Supreme Court of Victoria had regard to international human rights principles, including the rights of the child under the Convention on the Rights of the Child, in the exercise of his sentencing discretion. Detailed case note. Full text decision: www.austlii.edu.au/au/cases/vic/VSC/2007/489.html

Perovic v CW, No CH 05/1046, ACT Children’s Court, Unreported (1 June 2006)

This case concerned the right of a child to a fair trial without unreasonable delay under the Human Rights Act 2004 (ACT).  After considering jurisprudence from the European Court of Human Rights, the Magistrate held that there had been an unreasonable delay contrary to the human right enshrined in the Act and ordered a permanent [...]