YOUNG OFFENDERS ACT 1993 - SECT 8
YOUNG OFFENDERS ACT 1993 - SECT 8
(1) If a police
officer decides to deal with a minor offence under this Division, the officer
may administer a formal caution against further offending and exercise any one
or more of the following powers:
(a) the
officer may require the youth to enter into an undertaking to pay compensation
to the victim of the offence;
(ab) the
officer may require the youth to enter into an undertaking to pay compensation
to a person who has suffered loss or damage as a result of the offence;
(b) the
officer may require the youth to enter into an undertaking to carry out a
specified period (not exceeding 75 hours) of community service;
(c) the
officer may require the youth to enter into an undertaking to apologise to the
victim of the offence;
(d) the
officer may require the youth to enter into an undertaking to apologise to a
person who has suffered loss or damage as a result of the offence;
(e) the
officer may require the youth to do anything else that may be appropriate in
the circumstances of the case.
(2) If a formal
caution is to be administered—
(a) the
police officer must explain to the youth the nature of the caution and the
fact that evidence of the caution may, if the youth is subsequently dealt with
for an offence, be treated as evidence of commission of the offence in respect
of which the caution is administered; and
(b) the
caution must, if practicable, be administered in the presence of—
(i)
a guardian of the youth; or
(ii)
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; and
(c) the
caution must be put in writing and acknowledged in writing by the youth.
(3) Before requiring a
youth to enter an undertaking under this section, the police officer must take
all reasonable steps to give the guardians of the youth an opportunity to make
representations with respect to the matter.
(4) In exercising
powers under this section, the police officer must—
(a) have
regard to sentences imposed for comparable offences by the Court; and
(b) have
regard to any guidelines on the subject issued by the Commissioner of Police.
(5) If a youth enters
into an undertaking under this section to apologise to the victim of the
offence, the apology must be made in the presence of an adult person approved
by a police officer.
(5a) If a youth enters
into an undertaking under this section to apologise to a person who has
suffered loss or damage as a result of the offence, the apology must be made
in the presence of an adult person approved by a police officer.
(6) If a youth enters
into an undertaking under this section—
(a) the
undertaking must be signed by the youth, a representative of the Commissioner
of Police, and, if practicable, by the youth's parents or guardians; and
(b) the
undertaking will have a maximum duration of three months.
(7) If a youth does
not comply with a requirement of a police officer under this section, or an
undertaking under this section, the officer or some other police officer
may—
(a)
refer the matter to a Youth Justice Co-ordinator so that a family conference
may be convened to deal with the offence; or
(b) if
the youth requires the matter to be dealt with by the Court—lay a charge
for the offence before the Court.
(8) If—
(a) a
youth is cautioned, and no further requirements are made of the youth, under
this section; or
(b) all
requirements made of the youth under this section (including obligations
arising under an undertaking) are complied with,
the youth is not liable to be prosecuted for the offence.
(9) If a police
officer deals with an offence under this Division (other than an offence
described in subsection (10)), the officer must—
(a) ask
the victim of the offence whether he or she wishes to be informed of the
identity of the offender and how the offence has been dealt with; and
(b) if
the victim indicates that he or she does wish to have that
information—give the victim that information.
(10) If a police
officer deals with an offence (as a result of which a person has suffered
loss or damage) under this Division, the officer must—
(a) ask
the person whether he or she wishes to be informed of the identity of the
offender and how the offence has been dealt with; and
(b) if
the person indicates that he or she does wish to have that
information—give the person that information.