New South Wales Consolidated Acts

YOUNG OFFENDERS ACT 1997 - SECT 29

29 Giving of cautions

(1) A person who gives a caution to a child must take steps to ensure that the child understands the purpose, nature and effect of the caution.

(2) If a child who is to be cautioned has a communication or cognitive disability, it is the duty of the person giving the caution, so far as practicable, to give the caution in the presence of an interpreter or other appropriately skilled person and, if necessary, to obtain the assistance of such a person in giving the caution.

(2A) A person proposing to give a caution to a child may defer giving the caution:

(a) if a person responsible for the child or the adult chosen by the child is not present-until a person responsible for the child or an adult chosen by the child is present, or

(b) if it appears to the person that the child is so affected by alcohol or another drug (or a combination of drugs) that the child’s capacity to understand the purpose, nature or effect of the caution is impaired-until the person considers that the child has regained that capacity.

(2B) A person who gives a caution to a child may, if the person considers it appropriate, read out some or all of a written statement from a victim that is provided to the person under section 24A when giving the caution.

(3) It is the duty of the person giving the caution to ensure, so far as practicable, that a person responsible for the child or an adult chosen by the child is present when the caution is given.

(4) A person who gives a caution to a child may request the child being cautioned to provide a written apology to any victim of the alleged offence.

(5) A person who gives a caution to a child must not:

(a) attach any conditions to the giving of the caution, or

(b) impose any additional sanctions on the child, other than a request of the kind referred to in subsection (4).

(6) A caution may be given to more than one child at the same time and in respect of more than one offence alleged to have been committed by a child.