YOUNG OFFENDERS ACT 1993 - SECT 7
YOUNG OFFENDERS ACT 1993 - SECT 7
(1) If a youth admits
the commission of a minor offence, a police officer may deal with the matter
as follows:
(a) the
officer may deal with the matter under Division 2; or
(b) the
officer may notify a Youth Justice Co-ordinator of the admission so that a
family conference may be convened to deal with the matter; or
(c) the
officer may lay a charge for the offence before the Court.
(2) Before the police
officer proceeds to deal with an offence under Division 2, or notifies a Youth
Justice Co-ordinator of the admission so that a family conference may be
convened—
(a) the
officer should explain to the youth—
(i)
the nature of the offence and of the circumstances out of
which it is alleged to arise; and
(ii)
that the youth is entitled to obtain legal advice; and
(iii)
that the youth is entitled (irrespective of whether he or
she exercises the right to obtain legal advice) to require that the matter be
dealt with by the Court; and
(b) if
the youth does not require the matter to be dealt with by the Court, the
officer should put the admission into written form and, if possible, get the
youth to sign the admission.
(3) An explanation
given to a youth or the signing of an admission by a youth under
subsection (2) should take place, if practicable, in the presence
of—
(a) a
guardian of the youth; or
(b) if a
guardian is not available—an adult person nominated by the youth who has
had a close association with the youth or has been counselling, advising or
aiding the youth.
(4) A charge may only
be laid—
(a) if
the youth requires the matter to be dealt with by the Court; or
(b) if,
in the opinion of the police officer, the matter cannot be adequately dealt
with by the officer or a family conference because of the youth's repeated
offending or some other circumstance of aggravation.