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YOUNG OFFENDERS ACT 1997 - As at 23 September 2020 - Act 54 of 1997

- As at 23 September 2020 - Act 54 of 1997

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3 Objects of Act
  • 4 Definitions
  • 5 Meaning of "victim"
  • 6 Notes

PART 2 - GENERAL PRINCIPLES OF SCHEME

  • 7 Principles of scheme
  • 7A Persons in relation to whom Act applies
  • 8 Offences covered by Act
  • 9 Procedures under scheme
  • 10 Admission of offences
  • 11 Relationship with other legislation
  • 12 Relationship with other procedures

PART 3 - WARNINGS

  • 13 Offences for which warnings may be given
  • 14 Entitlement to be dealt with by warning
  • 15 Giving of warnings
  • 16 Explanation of warnings
  • 16A Parents of child may be notified of warning
  • 17 Records of warnings

PART 4 - CAUTIONS

Division 1 - Cautions by persons other than courts

  • 18 Offences for which cautions may be given
  • 19 Conditions required to be able to give caution
  • 20 Entitlement to be dealt with by caution
  • 21 Determination by investigating official
  • 22 Explanations to children
  • 23 Referrals for cautions
  • 24 Notice of caution
  • 24A Written statements from victims
  • 25 Right not to proceed
  • 26 Place and time of cautions
  • 27 Persons who may give cautions
  • 28 Persons who may accompany child
  • 29 Giving of cautions
  • 30 Caution notice

Division 2 - Cautions by courts

  • 31 Cautions by courts

Division 3 - Cautions generally

  • 32 Further proceedings
  • 33 Records of cautions
  • 33A Destruction of finger prints, palm prints and photographs

PART 5 - YOUTH JUSTICE CONFERENCES

Division 1 - Preliminary

  • 34 Principles and purposes of conferencing
  • 35 Offences for which conferences may be held
  • 36 Conditions required to be met before conference may be held
  • 37 Entitlement to be dealt with by conference
  • 38 Determinations by specialist youth officers
  • 39 Explanations to children
  • 40 Referrals for conferences by DPP and courts
  • 41 Conference administrator may refer matters to DPP

Division 2 - Conferences

  • 42 Appointment of conference convenor
  • 43 Time limit for holding conferences
  • 44 Right not to proceed
  • 45 Preparation for conferences
  • 46 Location of conferences
  • 47 Participants in conferences
  • 48 Conduct of conferences
  • 49 Guidelines for conduct of conferences
  • 50 Representation at conferences
  • 51 Non-attendance at conferences
  • 52 Outcomes of conferences
  • 53 Failure of conference to reach decision
  • 54 Matters referred by courts
  • 55 Reconvening of conferences
  • 56 Satisfactory completion of outcome plans
  • 57 Additional provisions relating to completion and non-completion of outcome plans
  • 58 Further proceedings
  • 59 Records of conferences

Division 3 - Co-ordination of conferences

  • 60 Conference convenors
  • 61 Conference administrators

PART 6 - MISCELLANEOUS

  • 62 Act binds Crown
  • 62A Delegation of Secretary's functions
  • 63 Proceedings for offences
  • 64 Continuation or commencement of proceedings
  • 65 Publication and broadcasting of names
  • 66 Disclosure of records
  • 67 Certain statements inadmissible
  • 68 Interventions not to be disclosed as criminal history
  • 69 Investigating officials may act on other matters
  • 70. (Repealed)
  • 71 Giving of notices
  • 72 Liability of officers under Act
  • 73 Regulations
  • 74. (Repealed)
  • 75 Savings and transitional provisions
  • 76 Review of Act

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