Representing Youth in the Criminal Justice System

There is a crisis of youth in the criminal justice system and representing youth requires specialist understanding. It's crucial to be across the practical pathways in navigating this complex system. Gain a comprehensive and practical approach and advocacy tips from experts on representing young people plus the case updates to assist you. You will cover issues from arrest through to completion including unlawful arrests, mental health and domestic violence considerations, challenges related to adult and juvenile co-offenders, bail, sentencing and more during a dynamic 3-hour session. Join us in person or watch online to receive guidance on navigating these issues and ensuring equitable treatment for your client.

Thursday, 12 September 2024
Description

Attend and earn 3 CPD units in Substantive Law
This program is based on WA legislation

Chair:

April Jarmoszewicz, Lawyer, Investigation & Enforcement Action, Enforcement & Compliance, Australian Securities and Investments Commission

4.15pm to 5.15pm Reviewing Key Decisions of the Year, with Subsequent Issues Discussed

 

  • Focus on the 'Three Strikes' Home Burglary Laws' in the Children's Court
  • Focus on splitting/joining of adult and juvenile co-offenders and associated issues
    • Challenges in the justice system when handling cases involving co-offenders of different ages
    • Complexities involved in determining the fitness of youth offenders to stand trial, including assessments of cognitive development, maturity, and capacity to understand legal proceedings
    • Impact on sentencing, rehabilitation prospects, and the balance between accountability and protection 
    • Strategies
    • Review of significant cases  

Prepared by Shirley Casey, Barrister, Albert Wolff Chambers and Felicity Cain, Barrister and Solicitor, Cathal Smith Legal 
Presented by Felicity Cain, Barrister and Solicitor, Cathal Smith Legal  

2.00pm to 3.00pm Looking Ahead: Present Status and Future Changes

 

  • Watch-houses, detention, and bail updates
  • Monitoring devices: what's new
  • Addressing serious repeat offenders
  • Domestic violence in youth sentencing: why it matters
  • Representing indigenous children, youth & families

Presented by Melissa Sandars, Principal and Director, Mel Legal

3.00pm to 4.00pm A Guide to Representing Children and Young Persons from Arrest to Completion

 

  • Unlawful arrest and detainment
  • How to advocate for youths in custody
  • Balancing the rights and needs of young persons
  • Navigating capacity and other considerations
  • Effective advocacy and representation in the Children's court
  • Impact of expert reports on court decisions, bail, and sentencing outcomes for youth
  • Challenges and ethical considerations

Presented by Eloise Barker, Principal and Managing Lawyer, Timpano Legal

4.00pm to 4.15pm Afternoon Tea

Presenters


April Jarmoszewicz, Lawyer, Investigation & Enforcement Action, Enforcement & Compliance, Australian Securities and Investments Commission
April is a lawyer at the Australian Securities and Investments Commission where she practices in financial crime against the Australian Securities Exchange. Prior to this she worked for the Commonwealth Director of Public Prosecutions as a federal prosecutor focussing on human exploitation and border protection cases and prior to that she was a criminal defence lawyer for a national firm. April has solely practiced in crime since her admission to practice and admission to the High Court in 2020.


Melissa Sandars, Principal and Director at Mel Legal
Prior to Mel’s admission in Western Australia in 2010, after this she spent 11 years working in Youth Justice for the Department of Justice. Mel then worked at Legal Aid WA as a duty lawyer, mainly practicing in the Children’s Court within the Youth Law Team. In 2012, Mel then had a ‘brief’ break from working with young people to work for the Mental Health Law Centre representing vulnerable people in the community in the law areas of crime, guardianship and administration, and restraining orders and also at the Mental Health Tribunal. In 2016, Mel established her own firm Mel Legal Pty Ltd liaising with young people and adults in criminal law in the Children’s, Magistrate, District and Supreme Courts. In recent years Mel’s firm has a 90% focus on Children’s Court matters. She is briefed by the Aboriginal Legal Service and Legal Aid. Mel has a passion for working with young people and their families to assist in their rehabilitation. She takes a keen interest in the therapeutic programmes currently running in PCC.


Eloise Barker, Principal and Managing Lawyer, Timpano Legal
Admitted to the WA Supreme Court in 2016, Eloise has practised almost exclusively in the field of criminal litigation and related areas, including restraining orders, criminal and traffic matters and criminal appeals. Eloise joined Timpano Legal in August of 2022, after working for several years with the Aboriginal Legal Services of Western Australia. Through that role, she gained a myriad of skills representing clients throughout WA in Magistrates, District and Supreme Court. With a genuine passion for advocacy, Eloise has experience representing both juvenile and adult clients at trial and sentencings. She is dedicated to protecting the rights of her clients and ensuring that their voice is heard. Eloise is focused on achieving the best possible outcome for each client by providing thorough, detailed advice and effective advocacy.


Felicity Cain, Barrister and Solicitor, Cathal Smith Legal
Felicity has worked in criminal law for over 25 years. She was a State prosecutor for 13 years and went into private practice in 2015 as a Director at Cathal Smith Legal. She works in all courts- Magistrates, District, Supreme- from pleas in mitigation in the Magistrates Court to trials in the Supreme Court and Appeals. The vast majority of Felicity’s work is legally aided. She regularly works in the Children's Court in both matters before the President as well as before the Children's Court Magistrates.

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Representing Youth in the Criminal Justice System

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Single Session
Thursday, 12 September 2024
2.00pm to 5.15pm Australia/Perth
CPD Points 3
$420.00
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