Australian Capital Territory Consolidated Acts

LIQUOR ACT 1975 - SECT 31

    (1)     If—

        (a)     a young person has been apprehended under section 30 (1) or (2); and

        (b)     it appears from the police records that a caution has not been issued to the young person within the last 12 months; and

        (c)     the police officer who apprehended the young person, or to whom the young person was delivered, is not satisfied that the young person is 18 years old or older;

the officer may issue a caution to the young person.

    (2)     If a caution is issued to a young person, the young person must not be prosecuted for an offence constituted by the thing done by the young person as mentioned in section 30 (1) (a).

    (3)     If—

        (a)     a young person has been apprehended under section 30 (1) or (2); and

        (b)     it appears from the police records that a caution has not been issued to the young person within the last 12 months; and

        (c)     the young person is prosecuted for an offence constituted by the thing done by the young person as mentioned in section 30 (1) (a);

any particulars of the young person's name, address or age given by the young person to an inspector or police officer in relation to that thing (whether or not the particulars were given in compliance with a requirement made of the young person under section 30 (1) (c) or (2) (c)) must not be used in evidence against the young person except in proceedings for an offence against section 30 (4).

    (4)     If—

        (a)     a young person has been apprehended under section 30 (1) or (2); and

        (b)     it appears from the police records that a caution has been issued to the young person within the last 12 months; and

        (c)     the police officer who apprehended the young person, or to whom the young person was delivered, is not satisfied that the young person is 18 years old or older;

then—

        (d)     subject to any other law in force in the ACT, the young person may be prosecuted for the offence constituted by the thing done by the young person as mentioned in section 30 (1) (a); and

        (e)     any particulars of the young person's name, address or age given by the young person at any time (whether or not the particulars were given in compliance with a requirement made of the young person under section 30 (1) (c) or (2) (c)) may be used in evidence against the young person in proceedings for that offence.

    (5)     If a caution is issued to a young person, or a young person is charged with an offence against this Act, the caution must be issued, or the young person must be charged, within a reasonable time after the young person is delivered to a police officer at a police station or taken by a police officer to a police station.

    (6)     As soon as practicable—

        (a)     if a caution is issued to a young person, or a young person is charged with an offence against this Act—after the caution is issued or the young person is charged; or

        (b)     in any other case—after the young person is delivered to a police officer at a police station or taken by a police officer to a police station;

the police officer must—

        (c)     release the young person; or

        (d)     arrange for the young person to be escorted to the young person's home; or

        (e)     arrange for a parent or guardian of the young person to come to the police station to take charge of the young person.

    (7)     A caution must—

        (a)     be in writing; and

        (b)     specify the date when it is issued; and

        (c)     specify the thing done by the young person as mentioned in section 30 (1) (a); and

        (d)     warn the young person that if the young person does anything that constitutes an offence against section 154 or section 156 within 12 months after the date when the caution is issued—

              (i)     the young person may be prosecuted for an offence against the relevant section; and

              (ii)     any particulars of the young person's name, address or age given by the young person at any time (whether or not the particulars were given in compliance with a requirement made of the young person under section 30 (1) (c) or (2) (c)) may be used in evidence against the young person in proceedings for that offence; and

        (e)     be signed by the police officer who issued it.

    (8)     A police officer who issues a caution must—

        (a)     cause the original caution to be kept in police records; and

        (b)     give a copy of the caution—

              (i)     to the young person or a parent or guardian of the young person; and

              (ii)     to the commissioner.