New South Wales Consolidated Acts

YOUNG OFFENDERS ACT 1997 - SECT 23

23 Referrals for cautions

(1) A child may be referred for a caution under this Part by the Director of Public Prosecutions if:

(a) the offence is one for which a caution may be given under this Part, and

(b) the child admits the offence, and

(c) the child consents to the giving of the caution.

(2) In determining whether to refer a matter for a caution, the Director of Public Prosecutions is to take into account the following matters:

(a) the seriousness of the offence,

(b) the degree of violence involved in the offence,

(c) the harm caused to any victim,

(d) the number and nature of any offences committed by the child and the number of times the child has been dealt with under this Act,

(e) any other matter the Director thinks appropriate in the circumstances.

(3) The referral is to be made to a person authorised in writing by the Commissioner of Police for the purposes of this section.

(4) The authorised person must arrange for a caution to be given to the child under this Part.

(5) Despite any other provision of this section, the Director of Public Prosecutions may not refer a child for a caution in relation to an offence if the child has been dealt with by caution on 3 or more occasions:

(a) whether by or at the request of a police officer or specialist youth officer under section 29 or by a court under section 31, and

(b) whether for offences of the same or of a different kind.