10Commissioner to act as advocate under Youth Justice Act 1997

10 Commissioner to act as advocate under Youth Justice Act 1997

(1)  The Commissioner has the following additional functions when acting as an advocate for a detainee under the Youth Justice Act 1997 :

(a) listening to, and giving voice to, the concerns and grievances of the detainee and facilitating the resolution of those concerns and grievances;

(b) seeking information about, and facilitating access by the detainee to, support services appropriate to the needs of the detainee;

(c) assessing whether the detainee has been provided with adequate information about his or her rights;

(d) assessing, in the Commissioner's opinion, the physical and emotional wellbeing of the detainee.

(2)  In acting as an advocate for a detainee within the meaning of the Youth Justice Act 1997 , the Commissioner –

(a) must, within reason, seek and take into account the views and wishes of the detainee before –

(i) asking a staff member of the detention centre, within the meaning of that Act, a question about the detainee; or

(ii) inspecting, or taking extracts or copies of, a document that relates to the detainee; or

(iii) including information about the detainee in a report related to the Commissioner's function as an advocate under that Act; and

(b) must –

(i) preserve, as far as practicable in the circumstances, the privacy of the detainee; and

(ii) respect the wishes of any detainee who does not wish to communicate with the Commissioner; and

(c) may accept, and consider, the detainee's views or wishes provided to the Commissioner in any form the Commissioner thinks fit.