Div 2Sanctions that may be imposed by police officer

Division 2—Sanctions that may be imposed by police officer 8—Powers of police officer (1) If a police officer decides to deal with a minor offence under this Division, the officer may administer a formal caution against further offending and exercise any one or more of the following powers: (a) the officer may require the youth to enter into an undertaking to pay compensation to the victim of the offence; (ab) the officer may require the youth to enter into an undertaking to pay compensation to a person who has suffered loss or damage as a result of the offence; (b) the officer may require the youth to enter into an undertaking to carry out a specified period (not exceeding 75 hours) of community service; (c) the officer may require the youth to enter into an undertaking to apologise to the victim of the offence; (d) the officer may require the youth to enter into an undertaking to apologise to a person who has suffered loss or damage as a result of the offence; (e) the officer may require the youth to do anything else that may be appropriate in the circumstances of the case. (2) If a formal caution is to be administered— (a) the police officer must explain to the youth the nature of the caution and the fact that evidence of the caution may, if the youth is subsequently dealt with for an offence, be treated as evidence of commission of the offence in respect of which the caution is administered; and (b) the caution must, if practicable, be administered in the presence of— (i) a guardian of the youth; or (ii) 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; and (c) the caution must be put in writing and acknowledged in writing by the youth. (3) Before requiring a youth to enter an undertaking under this section, the police officer must take all reasonable steps to give the guardians of the youth an opportunity to make representations with respect to the matter. (4) In exercising powers under this section, the police officer must— (a) have regard to sentences imposed for comparable offences by the Court; and (b) have regard to any guidelines on the subject issued by the Commissioner of Police. (5) If a youth enters into an undertaking under this section to apologise to the victim of the offence, the apology must be made in the presence of an adult person approved by a police officer. (5a) If a youth enters into an undertaking under this section to apologise to a person who has suffered loss or damage as a result of the offence, the apology must be made in the presence of an adult person approved by a police officer. (6) If a youth enters into an undertaking under this section— (a) the undertaking must be signed by the youth, a representative of the Commissioner of Police, and, if practicable, by the youth's parents or guardians; and (b) the undertaking will have a maximum duration of three months. (7) If a youth does not comply with a requirement of a police officer under this section, or an undertaking under this section, the officer or some other police officer may— (a) refer the matter to a Youth Justice Co-ordinator so that a family conference may be convened to deal with the offence; or (b) if the youth requires the matter to be dealt with by the Court—lay a charge for the offence before the Court. (8) If— (a) a youth is cautioned, and no further requirements are made of the youth, under this section; or (b) all requirements made of the youth under this section (including obligations arising under an undertaking) are complied with, the youth is not liable to be prosecuted for the offence. (9) If a police officer deals with an offence under this Division (other than an offence described in subsection (10)), the officer must— (a) ask the victim of the offence whether he or she wishes to be informed of the identity of the offender and how the offence has been dealt with; and (b) if the victim indicates that he or she does wish to have that information—give the victim that information. (10) If a police officer deals with an offence (as a result of which a person has suffered loss or damage) under this Division, the officer must— (a) ask the person whether he or she wishes to be informed of the identity of the offender and how the offence has been dealt with; and (b) if the person indicates that he or she does wish to have that information—give the person that information.