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Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2006 No , 2006 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 2006 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Young Offenders Amendment (Reform of Cautioning and 3 Warning) Act 2006. 4 2 Commencement 5 This Act commences on the date of assent. 6 3 Amendment of Young Offenders Act 1997 No 54 7 The Young Offenders Act 1997 is amended as set out in Schedule 1. 8 4 Repeal of Act 9 (1) This Act is repealed on the day following the day on which this Act 10 commences. 11 (2) The repeal of this Act does not, because of the operation of section 30 12 of the Interpretation Act 1987, affect any amendment made by this Act. 13 Page 2
Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2006 Amendments Schedule 1 Schedule 1 Amendments 1 (Section 3) 2 [1] Section 7 Principles of scheme 3 Insert after section 7 (g): 4 (h) The principle that the scheme established by this Act be 5 applied expeditiously and that any warning, caution or 6 youth justice conference be given or held as close as 7 possible to the date when the offence to which it relates 8 was committed. 9 [2] Section 10 Admission of offences 10 Insert at the end of section 10 (d): 11 , or 12 (e) a respected member of the community chosen by the 13 investigating official. 14 [3] Section 14 Entitlement to be dealt with by warning 15 Insert at the end of section 14 (2) (b): 16 , or 17 (c) the child has previously been convicted or found guilty of 18 an offence by a court, or 19 (d) the child has previously been dealt with under this Act. 20 [4] Section 14 (3) 21 Omit the subsection. 22 [5] Section 17A 23 Insert after section 17: 24 17A Notice to parent 25 An investigating official who gives a warning to a child under 26 this Part must give to a parent of the child written notice of: 27 (a) the giving of the warning, and 28 (b) the offence in relation to which the warning was given, and 29 (c) the date, time and place at which the warning was given. 30 [6] Section 19 Conditions required to be able to give caution 31 Omit section 19 (c). 32 Page 3
Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2006 Schedule 1 Amendments [7] Section 20 Entitlement to be dealt with by caution 1 Omit section 20 (2). Insert instead: 2 (2) Despite subsection (1), the child is not entitled to be dealt with by 3 caution if: 4 (a) in the opinion of the investigating official, it is more 5 appropriate to deal with the matter by another means 6 because it is not in the interests of justice for it to be dealt 7 with by giving a caution, or 8 (b) the child has previously been convicted or found guilty of 9 an offence by a court, or 10 (c) the child has previously been dealt with under this Act. 11 (2A) Despite any other provision of this section, a child may be dealt 12 with by caution if: 13 (a) the child has previously been dealt with under this Act only 14 once and was given a warning, and 15 (b) the investigating official is of the opinion that it is 16 appropriate to deal with the matter by caution. 17 [8] Section 20 (3) (d) 18 Omit the paragraph. 19 [9] Section 20 (6) 20 Omit the subsection. 21 [10] Section 22 Explanations to children 22 Insert at the end of section 22 (2) (d): 23 , or 24 (e) a respected member of the community chosen by the 25 investigating official. 26 (3) A person referred to in subsection (2) (e) may be chosen only if 27 the investigating official is satisfied that none of the persons 28 referred to in subsection (2) (a), (b), (c) or (d) will be present. 29 [11] Section 23 Referrals for cautions 30 Omit "offence, and" from section 23 (1) (b). Insert instead "offence." 31 [12] Section 23 (1) (c) 32 Omit the paragraph. 33 Page 4
Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2006 Amendments Schedule 1 [13] Section 23 (2) (d) 1 Omit the paragraph. 2 [14] Section 24 Notice of caution 3 Insert "and a parent of the child" after "notice to the child" in section 24 (1). 4 [15] Section 26 Place and time of cautions 5 Omit section 26 (1). Insert instead: 6 (1) A caution must, if practicable, be given not more than 7 days after 7 notice of the caution is given under section 24 (1). 8 [16] Section 28 Persons who may accompany child 9 Omit section 28 (e). Insert instead: 10 (e) a respected member of the community (whether chosen by 11 the child or by the person giving the caution), 12 [17] Section 29 Giving of cautions 13 Omit "an adult chosen by the child" from section 29 (3). 14 Insert instead "a respected member of the community (whether chosen by the 15 child or by the person giving the caution)". 16 [18] Section 30 Caution notice 17 Insert after section 30 (2): 18 (3) A copy of the caution notice signed by the child must be given to 19 a parent of the child. 20 [19] Section 37 Entitlement to be dealt with by conference 21 Omit section 37 (1). Insert instead: 22 (1) A child who is alleged to have committed an offence for which a 23 conference may be held is entitled to be dealt with by holding a 24 conference if: 25 (a) the offence is one for which neither a warning nor a 26 caution may be given, or 27 (b) the offence is an offence for which a child may be dealt 28 with under section 20 (2A) and the investigating official 29 determines that it is not appropriate to do so, or 30 (c) in the case of any other offence, the investigating official 31 determines that the matter is not appropriate for a caution. 32 Page 5
Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2006 Schedule 1 Amendments [20] Section 37 (2) 1 Omit "or by giving a caution". 2 [21] Section 38 Determinations by specialist youth officers 3 Omit section 38 (2) and (5). 4 [22] Section 39 Explanations to children 5 Insert at the end of section 39 (2) (d): 6 , or 7 (e) a respected member of the community chosen by the 8 specialist youth officer. 9 (3) A person referred to in subsection (2) (e) may be chosen only if 10 the specialist youth officer is satisfied that none of the persons 11 referred to in subsection (2) (a), (b), (c) or (d) will be present. 12 [23] Section 41 Conference administrator may refer matters to DPP 13 Omit the section. 14 [24] Section 42 Appointment of conference convenor 15 Omit section 42 (2). 16 [25] Section 44 Right not to proceed 17 Omit section 44 (2). Insert instead: 18 (2) A specialist youth officer who refers a matter for a conference 19 may, at any time before the conference is held, determine that it 20 is not in the interests of justice for a matter to be dealt with by a 21 conference and refer the matter to the investigating official or 22 other appropriate authority for the commencement of 23 proceedings. 24 [26] Section 47 Participants in conferences 25 Omit "for the purpose of advising conference participants about relevant 26 issues," from section 47 (2) (a). 27 [27] Schedule 3 Savings and transitional provisions 28 Insert before clause 1: 29 Part 1 General 30 Page 6
Young Offenders Amendment (Reform of Cautioning and Warning) Bill 2006 Amendments Schedule 1 [28] Schedule 3, clause 1 1 Insert at the end of clause 1 (1): 2 Young Offenders Amendment (Reform of Cautioning and 3 Warning) Act 2006 4 [29] Schedule 3, Part 2 5 Insert after clause 3: 6 Part 2 Provisions consequent on enactment of 7 Young Offenders Amendment (Reform of 8 Cautioning and Warning) Act 2006 9 4 Savings 10 This Act, as in force immediately before the date of 11 commencement of the Young Offenders Amendment (Reform of 12 Cautioning and Warning) Act 2006, continues to apply to and in 13 respect of matters arising before the commencement date. 14 5 Application of amendments 15 The amendments made by the Young Offenders Amendment 16 (Reform of Cautioning and Warning) Act 2006 apply only to and 17 in respect of offences committed on or after the commencement 18 of that Act. 19 Page 7
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