Western Australian Consolidated Acts

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YOUNG OFFENDERS ACT 1994 - SECT 44

44 .         Proceedings to be explained to young persons

        (1)         The court before which proceedings are brought against a young person for an offence is to satisfy itself that the person understands the nature of the proceedings.

        (2)         If the young person is not represented by a legal practitioner, the court is required to — 

            (a)         explain, or cause to be explained, to the person in language likely to be readily understood by the person — 

                  (i)         the nature of the allegations against or concerning the person and the legal implications of those allegations; and

                  (ii)         the elements of the offence;

                and

            (b)         give the person a written statement, in the prescribed form, describing the person’s rights in respect of legal representation and how legal advice, representation, or assistance may be obtained.

        (3)         If a young person is sentenced to a fine or ordered to make any other payment of money, the court must give the young person a notice stating in simple language the amount the young person must pay and the time and place at which payment is to be, or may be, made.

        (4)         A judgment or order of the court is not defective on the ground of failure to comply with this section if the court has substantially complied with this section.



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