22Explanations to children

#### 22 Explanations to children 22 Explanations to children > > (1) Before an investigating official proceeds to arrange for a caution to be given under this Part, the investigating official must explain the following matters to the child concerned— > > > > > (a) the nature of the offence and the circumstances out of which it is alleged to arise, > > > > > (b) that the child is entitled to obtain legal advice and where that advice may be obtained, > > > > > (c) that the child is entitled to elect that the matter be dealt with by a court, > > > > > (d) the purpose, nature and effect of the caution. > > > (2) An investigating official must, if practicable, ensure that an explanation takes place in the presence of— > > > > > (a) a person responsible for the child, or > > > > > (b) an adult (other than an investigating official) who is present with the consent of a person responsible for the child, or > > > > > (c) if the child is 14 years or over, an adult chosen by the child, or > > > > > (d) an Australian legal practitioner chosen by the child. > > **s 22:** Am 2006 No 58, Sch 3.26; 2008 No 107, Sch 28 \[1\].