Victoria Legal Aid
Record of assessment of doli incapax
Youth Crime record of assessment of doli incapax
Child’s name
Date of Birth
Date of Alleged Offence/s (under 14 at the time – state of mind is assessed at the time of the offending)
Client number (if known)
File number (if relevant)
Criteria / How met/not met? /Did client demonstrate an understanding of the role of the police and the police interview process? / Y/N- Provide details
Did client demonstrate an understanding of the cautions at the beginning of the interview? / Y/N- Provide details
Was client asked to repeat back understanding? / Y/N- Provide details
Did their repeating back give an indication of a lack of understanding of the seriousness of the situation? / Y/N- Provide details
Did client answer questions on the record of interview about understanding the consequences of what they allegedly did (seriously wrong vs naughty/wrong)? / Y/N- Provide details
Previous Dealings with the Police
Has client previously come to the attention of the police in any way? / Y/N- Provide details (Eg. Witness/suspect/DHS other)
Has client previously received a police caution?
· When? (pre/post current offence/s)
· If so: for what offence/s?
· how was it administered?
· who was present?
· what did client think it meant in terms of impact on subsequent offending behaviour?
Priors
Has client previously been charged with an offence which was withdrawn? If so:
· for what offence/s?
· why was it withdrawn?
· What do they think happened?
· what did they think it meant in terms of impact on subsequent offending behaviour?
Has client previously been charged with an offence which was proven? If so:
· for what offence/s?
· why was it withdrawn?
· What do they think happened?
· what did they think it meant in terms of impact on subsequent offending behaviour?
Police Brief of Evidence
Is there CCTV of alleged incident? Is there anything about the client’s recorded behaviour that indicates a consciousness that what they are doing is seriously wrong (not just naughty) – what does the client say?
Are there witness statements? Y/N
· Is there anything in their descriptions about the client’s behaviour that indicates a consciousness that what they were doing is seriously wrong (not just naughty)
· what does the client say?
Matters Personal
Has there been any family involvement with the criminal justice system? Y/N
Provide details of the impact this might have on the client’s knowledge and understanding
Further investigation
If it is assessed that further investigation of doli incapax is appropriate refer to file checklist – child under 14 at the time of the alleged crime
Work instruction
· You must complete this record fully and accurately. This will help to demonstrate that you have met the duties of competence and standard of care expected of a lawyer.
· In most instances this document would be considered a client document and given to the client upon request. It could also be disclosed under the FOI Act.
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