YOUNG OFFENDERS ACT 1997 - SECT 29
Giving of cautions
YOUNG OFFENDERS ACT 1997 - SECT 29
Giving of cautions
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.