ADPP - Young Offenders
What Act governs police interaction with people under the age of 18 years and to whom does it
apply - ANS Young Offenders Act 1997 and it applies to children between the ages of 10-18yrs.
It can also apply to a person under 21 if the offence was committed when under 18 (s.7A)
What does the term 'child' mean in relation to this Act - ANS A person who is of or over the age
of 10 and under the age of 18 years (s.4)
State the types of offences covered by this Act - ANS a. summary offences
b. some indictable offences that can be dealt with summarily (s.8)
What offences are not covered by this Act - ANS a. Breaches of AVO and DV Offences
b. Offences resulting in death or serious injury of a person (T1 offences)
c. Armed robbery offences
d. Sexual offences
e. Trafficking and supply of drugs
f. Traffic offences if the child was old enought to have a learner's permit at the time of the
offence (s.8)
What are some principles of the YOA - ANS a. least restrictive sanction to be applied
b. children are entitled to legal advice
c. criminal proceedings not to be applied if more appropriate alternative available
d. children should be dealt with in their own communities
e. parents to be included in justice processes and recognised as primary responsibility for the
development of the child
f. victims should be included in process (s.7)
What are the procedures for this Act - ANS a. A warning
b. A caution
c. A conference (s.9)
For an admission from a child to be taken who must be present - ANS a. a person responsible
for the child
b. another adult that the person responsible for the child consents to be there
c. an adult chosen by the child (child must be 14+yrs)
d. an Australian legal practitioner chosen by the child (s.10)
Warnings can be given for what type of offence and how they can be given - ANS a. A
summary offence that does not involve violence (s.13).
b. they can be given at any place to any number of children at one time. (s.15)
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