LIQUOR ACT 2010 - SECT 150 Police may caution children and young people

LIQUOR ACT 2010 - SECT 150

    (1)     A police officer may caution a child or young person for a caution offence if—

        (a)     the police officer believes on reasonable grounds that the child or young person is committing, or has committed, the offence; and

        (b)     the child or young person has not been cautioned in the preceding 12 months for a caution offence.

    (2)     A caution must—

        (a)     be in writing; and

        (b)     state—

              (i)     the date of issue of the caution; and

              (ii)     the caution offence that the police officer believes the child or young person is committing, or has committed; and

              (iii)     the grounds for the police officer's belief; and

        (c)     warn the child or young person that if the child or young person engages in behaviour that constitutes a further caution offence within 12 months after the date of issue of the caution, the child or young person may be prosecuted for the further offence; and

        (d)     be signed by the police officer.

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

        (a)     keep the caution in the police records; and

        (b)     give a copy of the caution to—

              (i)     the child or young person; and

              (ii)     a person with parental responsibility for the child or young person; and

              (iii)     if the CYP director-general has parental responsibility (whether shared or otherwise) for the child or young person—the CYP director-general; and

              (iv)     the commissioner.

Note     A copy of the caution must be given to the person as soon as possible (see Legislation Act

, s 151B).

    (4)     If a child or young person is cautioned for an offence, the child or young person must not be prosecuted in a court for the offence.