sec.379AAdditional case when arrest for graffiti offence may be discontinued

### sec.379A Additional case when arrest for graffiti offence may be discontinued This section applies if— a child is arrested for, or is being questioned by a police officer about, a graffiti offence; and during an electronically recorded interview, the child admits having committed the offence; and the child had attained at least the age of 12 years at the time of the offence. A police officer may, at any time before the child appears before a court to answer a charge of the graffiti offence, offer the child the opportunity to attend a graffiti removal program. When making the offer, the police officer must give an oral or written explanation of the consequences of agreeing to attend a graffiti removal program to— the child; and if a support person is present when the offer is made—the support person. If the child agrees, the child must sign an agreement to attend and complete a graffiti removal program. The agreement must include a provision authorising the provider of the graffiti removal program to disclose to the commissioner and the chief executive (youth justice services) information about— the child’s attendance at, and completion of, the program; or if the child failed to attend or complete the program—the child’s failure to attend or complete the program. The police officer must— give the child a written requirement to attend and complete a graffiti removal program in accordance with the agreement; and inform the child that failure to comply with the requirement is an offence against section 791 . Also, the police officer must give the chief executive (youth justice services), or a person or organisation nominated by that chief executive for this section, a copy of the agreement. On the signing of the agreement, any thing used in the commission of the graffiti offence is forfeited to the State. It is the duty of a police officer to release an arrested child at the earliest reasonable opportunity if the police officer is satisfied subsections (4) and (6) have been complied with. In this section— chief executive (youth justice services) means the chief executive of the department within which the Youth Justice Act 1992 is administered. graffiti removal program means a program for removing graffiti conducted with the approval of the chief executive (youth justice services). s 379A ins 2013 No. 31 s 67 (sec.379A-ssec.1) This section applies if— a child is arrested for, or is being questioned by a police officer about, a graffiti offence; and during an electronically recorded interview, the child admits having committed the offence; and the child had attained at least the age of 12 years at the time of the offence. (sec.379A-ssec.2) A police officer may, at any time before the child appears before a court to answer a charge of the graffiti offence, offer the child the opportunity to attend a graffiti removal program. (sec.379A-ssec.3) When making the offer, the police officer must give an oral or written explanation of the consequences of agreeing to attend a graffiti removal program to— the child; and if a support person is present when the offer is made—the support person. (sec.379A-ssec.4) If the child agrees, the child must sign an agreement to attend and complete a graffiti removal program. (sec.379A-ssec.5) The agreement must include a provision authorising the provider of the graffiti removal program to disclose to the commissioner and the chief executive (youth justice services) information about— the child’s attendance at, and completion of, the program; or if the child failed to attend or complete the program—the child’s failure to attend or complete the program. (sec.379A-ssec.6) The police officer must— give the child a written requirement to attend and complete a graffiti removal program in accordance with the agreement; and inform the child that failure to comply with the requirement is an offence against section 791 . (sec.379A-ssec.7) Also, the police officer must give the chief executive (youth justice services), or a person or organisation nominated by that chief executive for this section, a copy of the agreement. (sec.379A-ssec.8) On the signing of the agreement, any thing used in the commission of the graffiti offence is forfeited to the State. (sec.379A-ssec.9) It is the duty of a police officer to release an arrested child at the earliest reasonable opportunity if the police officer is satisfied subsections (4) and (6) have been complied with. (sec.379A-ssec.10) In this section— chief executive (youth justice services) means the chief executive of the department within which the Youth Justice Act 1992 is administered. graffiti removal program means a program for removing graffiti conducted with the approval of the chief executive (youth justice services). - (a) a child is arrested for, or is being questioned by a police officer about, a graffiti offence; and - (b) during an electronically recorded interview, the child admits having committed the offence; and - (c) the child had attained at least the age of 12 years at the time of the offence. - (a) the child; and - (b) if a support person is present when the offer is made—the support person. - (a) the child’s attendance at, and completion of, the program; or - (b) if the child failed to attend or complete the program—the child’s failure to attend or complete the program. - (a) give the child a written requirement to attend and complete a graffiti removal program in accordance with the agreement; and - (b) inform the child that failure to comply with the requirement is an offence against section 791 .