Div 1General powers

Division 1—General powers 6—Informal cautions (1) If a youth admits the commission of a minor offence, and a police officer is of the opinion that the matter does not warrant any formal action under this Act, the officer may informally caution the youth against further offending and proceed no further against the youth. (2) If a youth is informally cautioned under this section, no further proceedings may be taken against the youth for the offence in relation to which the youth was cautioned. (3) A record (whether made before or after the commencement of this subsection) of an informal caution given to a youth does not constitute a criminal record of the youth and may not be referred to— (a) for the purposes of a criminal record check; or (b) without the youth's consent—in any judicial proceedings. (4) A record of an informal caution made and kept before the commencement of this subsection will be taken to have been legally made and kept. 7—More formal proceedings (1) If a youth admits the commission of a minor offence, a police officer may deal with the matter as follows: (a) the officer may deal with the matter under Division 2; or (b) the officer may notify a Youth Justice Co-ordinator of the admission so that a family conference may be convened to deal with the matter; or (c) the officer may lay a charge for the offence before the Court. (2) Before the police officer proceeds to deal with an offence under Division 2, or notifies a Youth Justice Co-ordinator of the admission so that a family conference may be convened— (a) the officer should explain to the youth— (i) the nature of the offence and of the circumstances out of which it is alleged to arise; and (ii) that the youth is entitled to obtain legal advice; and (iii) that the youth is entitled (irrespective of whether he or she exercises the right to obtain legal advice) to require that the matter be dealt with by the Court; and (b) if the youth does not require the matter to be dealt with by the Court, the officer should put the admission into written form and, if possible, get the youth to sign the admission. (3) An explanation given to a youth or the signing of an admission by a youth under subsection (2) should take place, if practicable, in the presence of— (a) a guardian of the youth; or (b) if a guardian is not available—an adult person nominated by the youth who has had a close association with the youth or has been counselling, advising or aiding the youth. (4) A charge may only be laid— (a) if the youth requires the matter to be dealt with by the Court; or (b) if, in the opinion of the police officer, the matter cannot be adequately dealt with by the officer or a family conference because of the youth's repeated offending or some other circumstance of aggravation.