Div 5Miscellaneous

Division 5—Miscellaneous 30—Court to explain proceedings etc (1) A court before which criminal proceedings are brought against a youth must satisfy itself that the youth understands the nature of those proceedings. (2) If the youth is not represented by counsel or solicitor, the court— (a) must explain to the youth in simple language the elements of the offence charged, the nature of the allegations against the youth and the legal implications of those allegations; and (b) must provide the youth with a written statement in the prescribed form of the youth's rights in respect of legal representation and of the way to proceed in order to obtain legal advice, representation or assistance. (3) If a youth is sentenced to a fine or ordered to make any other payment of money, the court must give the youth a notice stating in simple language the amount the youth must pay and the time and place at which payment is to be, or may be, made. (4) Non-compliance with this section does not invalidate a judgment or order of the court. 31—Prohibition of joint charges A youth cannot be charged jointly with an adult unless the charge is to be heard and determined by the Supreme Court or the District Court. 32—Reports (1) The Chief Executive must, at the request of a court by which a youth is to be sentenced, have a report prepared on the social background and personal circumstances of the youth. (2) Such a report may not contain any recommendation about sentence. (3) Subject to subsection (5), no report relating to the social background or personal circumstances of a youth may be tendered to a court before the court has found an offence proved against the youth. (4) If a youth is found not guilty by a court, any report relating to the social background or personal circumstances of the youth prepared for the purposes of the proceedings must be destroyed. (4a) Despite subsection (4), the destruction of a report relating to the social background or personal circumstances of a youth is not required where a court has recorded a finding under Part 8A of the Criminal Law Consolidation Act 1935 of conduct proved but not criminally responsible due to mental incompetence. (5) This section does not prevent the court from receiving during the course of a hearing any psychiatric or medical evidence relating to the youth, insofar as that evidence is relevant to the guilt or innocence of the youth. (6) The court in determining sentence must not take into account any matter given in evidence, or appearing in any report presented, to the court, if the matter is disputed by the youth, any guardian of the youth or the prosecutor, unless the court has decided that the matter has been proved beyond reasonable doubt. 33—Reports to be made available to parties (1) In criminal proceedings against a youth, a copy of every report received by the court must, subject to any contrary order of the court, be furnished to the youth, to any guardian of the youth who is present in court, and to the prosecutor. (2) The court may order that a copy of a report, or part of a report, be not furnished to a particular person if of the opinion that its disclosure to that person may be prejudicial to the welfare of the youth. 34—Attendance at court of guardian of youth charged with offence (1) Where a youth is before a court in proceedings under this Part, the court may order a guardian or guardians to attend at the court until the proceedings are completed, unless sooner excused by the court. (2) When the court makes an order under subsection (1), it may adjourn the hearing of the case and have the order served on the guardian named in the order. (3) Any person who, having been served with an order under this section, fails to attend the court in compliance with the order is guilty of an offence. Maximum penalty: $750. 35—Counsellors etc may make submissions to court In proceedings for an offence against a youth, a court may, on the application of a person who has been counselling, advising or aiding the youth, or on the application of a guardian of the youth, hear submissions that the person or guardian wishes to make in relation to the youth.