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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Young Offenders Amendment (Reform
of Cautioning and Warning) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Young Offenders Act 1997 No 54 2
Schedule 1 Amendments 3
b03-401-07.p04
New South Wales
Young Offenders Amendment (Reform
of Cautioning and Warning) Bill 2003
No , 2003
A Bill for
An Act to amend the Young Offenders Act 1997 to reform the cautioning and
warning system under that Act; and for other purposes.
Clause 1 Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2003
1
The Legislature of New South Wales enacts:
2
1 Name of Act
3
This Act is the Young Offenders Amendment (Reform of Cautioning
4
and Warning) Act 2003.
5
2 Commencement
6
This Act commences on the date of assent.
7
3 Amendment of Young Offenders Act 1997 No 54
8
The Young Offenders Act 1997 is amended as set out in Schedule 1.
Page 2
Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2003
Amendments Schedule 1
Schedule 1 Amendments 1
2
(Section 3)
3
[1] Section 7 Principles of scheme
4
Insert after section 7 (g):
5
(h) The principle that the scheme established by this Act be
6
applied expeditiously and that any warning, caution or
7
youth justice conference be given or held as close as
8
possible to the date when the offence to which it relates
9
was committed.
10
[2] Section 10 Admission of offences
11
Insert at the end of section 10 (d):
12
, or
13
(e) a respected member of the community chosen by the
14
investigating official.
15
[3] Section 14 Entitlement to be dealt with by warning
16
Insert at the end of section 14 (2) (b):
17
, or
18
(c) the child has previously been convicted or found guilty
19
of an offence by a court, or
20
(d) the child has previously been dealt with under this Act.
21
[4] Section 14 (3)
22
Omit the subsection.
23
[5] Section 17A
24
Insert after section 17:
25
17A Notice to parent
26
An investigating official who gives a warning to a child under
27
this Part must give to a parent of the child written notice of:
28
(a) the giving of the warning, and
29
(b) the offence in relation to which the warning was given,
30
and
Page 3
Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2003
Schedule 1 Amendments
1
(c) the date, time and place at which the warning was
2
given.
3
[6] Section 20 Entitlement to be dealt with by caution
4
Omit section 20 (2). Insert instead:
5
(2) Despite subsection (1), the child is not entitled to be dealt with
6
by caution if:
7
(a) in the opinion of the investigating official, it is more
8
appropriate to deal with the matter by another means
9
because it is not in the interests of justice for it to be
10
dealt with by giving a caution, or
11
(b) the child has previously been convicted or found guilty
12
of an offence by a court, or
13
(c) the child has previously been dealt with under this Act.
14
(2A) Despite any other provision of this section, a child may be
15
dealt with by caution if:
16
(a) the child has previously been dealt with under this Act
17
only once and was given a warning, and
18
(b) the investigating official is of the opinion that it is
19
appropriate to deal with the matter by caution.
20
[7] Section 20 (3) (d)
21
Omit the paragraph.
22
[8] Section 20 (6)
23
Omit the subsection.
24
[9] Section 22 Explanations to children
25
Insert at the end of section 22 (2) (d):
26
, or
27
(e) a respected member of the community chosen by the
28
investigating official.
29
(3) A person referred to in subsection (2) (e) may be chosen only
30
if the investigating official is satisfied that none of the persons
31
referred to in subsection (2) (a), (b), (c) or (d) will be present.
Page 4
Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2003
Amendments Schedule 1
[10] Section 23 Referrals for cautions 1
2
Omit section 23 (2) (d).
3
[11] Section 24 Notice of caution
4
Insert "and a parent of the child" after "notice to the child" in
5
section 24 (1).
6
[12] Section 26 Place and time of cautions
7
Omit section 26 (1). Insert instead:
8
(1) A caution must, if practicable, be given not more than 7 days
9
after notice of the caution is given under section 24 (1).
10
[13] Section 28 Persons who may accompany child
11
Omit section 28 (e). Insert instead:
12
(e) a respected member of the community (whether chosen
13
by the child or by the person giving the caution),
14
[14] Section 29 Giving of cautions
15
Omit "an adult chosen by the child" from section 29 (3).
16
Insert instead "a respected member of the community (whether chosen by
17
the child or by the person giving the caution)".
18
[15] Section 30 Caution notice
19
Insert after section 30 (2):
20
(3) A copy of the caution notice signed by the child must be given
21
to a parent of the child.
22
[16] Section 37 Entitlement to be dealt with by conference
23
Omit section 37 (1). Insert instead:
24
(1) A child who is alleged to have committed an offence for
25
which a conference may be held is entitled to be dealt with by
26
holding a conference if:
27
(a) the offence is one for which neither a warning nor a
28
caution may be given, or
Page 5
Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2003
Schedule 1 Amendments
1
(b) the offence is an offence for which a child may be dealt
2
with under section 20 (2A) and the investigating official
3
determines that it is not appropriate to do so, or
4
(c) in the case of any other offence, the investigating
5
official determines that the matter is not appropriate for
6
a caution.
7
[17] Section 37 (2)
8
Omit "or by giving a caution".
9
[18] Section 38 Determinations by specialist youth officers
10
Omit section 38 (2) and (5).
11
[19] Section 39 Explanations to children
12
Insert at the end of section 39 (2) (d):
13
, or
14
(e) a respected member of the community chosen by the
15
specialist youth officer.
16
(3) A person referred to in subsection (2) (e) may be chosen only
17
if the specialist youth officer is satisfied that none of the
18
persons referred to in subsection (2) (a), (b), (c) or (d) will be
19
present.
20
[20] Section 41 Conference administrator may refer matters to DPP
21
Omit the section.
22
[21] Section 42 Appointment of conference convenor
23
Omit section 42 (2).
24
[22] Section 44 Right not to proceed
25
Omit section 44 (2). Insert instead:
26
(2) A specialist youth officer who refers a matter for a conference
27
may, at any time before the conference is held, determine that
28
it is not in the interests of justice for a matter to be dealt with
29
by a conference and refer the matter to the investigating
30
official or other appropriate authority for the commencement
31
of proceedings.
Page 6
Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2003
Amendments Schedule 1
[23] Section 47 Participants in conferences 1
2
Omit "for the purpose of advising conference participants about relevant
3
issues," from section 47 (2) (a).
4
[24] Schedule 3 Savings and transitional provisions
5
Insert before clause 1:
Part 1 General 6
7
[25] Schedule 3, clause 1
8
Insert at the end of clause 1 (1):
9
Young Offenders Amendment (Reform of Cautioning and
10
Warning) Act 2003
11
[26] Schedule 3, Part 2
12
Insert after clause 3:
Part 2 Provisions consequent on enactment of 13
Young Offenders Amendment (Reform of 14
Cautioning and Warning) Act 2003 15
16
4 Savings
17
This Act, as in force immediately before the date of
18
commencement of the Young Offenders Amendment (Reform
19
of Cautioning and Warning) Act 2003, continues to apply to
20
and in respect of matters arising before the commencement
21
date.
Page 7
Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2003
Schedule 1 Amendments
5 Application of amendments 1
2
The amendments made by the Young Offenders Amendment
3
(Reform of Cautioning and Warning) Act 2003 apply only to
4
and in respect of offences committed on or after the
5
commencement of that Act.
Page 8
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