Criminal law
It is a branch of law which concerns crimes which are committed against the public authority. It is distinct from civil law, which involves crimes which people commit against each other, not necessarily against the public as a whole. Murder, for example, is covered under criminal law, because although there is a specific victim, murder in general runs against the interests of the public. By contrast, if someone fails to honor a contract, this is a matter for civil law. Criminal law deals with various crimes which are covered by the criminal code
Criminal law deals with various crimes which are covered by the criminal code. Three broad types of crimes appear in the criminal code: misdemeanors, felonies, and treason. Treason is of particular concern because it threatens national security. Misdemeanors are relatively minor crimes under criminal law, while felonies are more serious crimes which may accompanied with severe mandatory sentences.Australian criminal law was originally received from the English common law, which continued to evolve in Australian courts. Although all states also have some legislation on the criminal law, in some states criminal law has been codified whereas in other the bulk of the law is based on the common law. When can I be convicted of a criminal offence?
You cannot be charged with a criminal offence until you are 10 years old. Children under 10 are not seen as mature enough to commit criminal offences.
If you are between 10 and 14 years you may be responsible for offences you commit. If you are charged with a crime at this age it must be proved in court that you knew what you did was ‘seriously wrong’ at the time you did it, and not just ‘naughty’. Any young person aged 10 to 14 who gets in trouble with the police should get legal advice, as they may have a defence if they did not fully understand the consequences of what they did.
Once you turn 14 you will be responsible for any offence that you commit.
Will I go to the Children’s Court?
The Children’s Court deals with most offences committed by young people. If you are under 18 years when the offence was committed and are charged for that offence before you are 21, you will usually go before the Children’s Court.
Will I get a criminal record?
If you are under 16 and you plead guilty or are found guilty of an offence there will be no conviction recorded against you unless it was a serious offence. This means that you will not usually get a criminal record for offences committed when you are under 16 and these offences cannot be taken into account if you appear in the adult courts when you are older.
If you are 16 or older and plead guilty or are found guilty of an offence which is not serious, the Children’s Court may decide to not record a conviction against you.
If a conviction is recorded against you in the Children’s Court, you can have that conviction wiped from your record after 3 years if you have not been in any more trouble during those 3 years.