9More formal proceedings

9 More formal proceedings

(1)  If a youth admits the commission of an offence and a police officer is of the opinion that the matter warrants a more formal action under this Act than an informal caution, the officer may deal with the matter as follows:

(a) the officer may require that the youth be formally cautioned against further offending;

(b) the officer may require the Secretary to convene a community conference to deal with the matter;

(c) the officer may file a complaint for the offence before the Court.

(2)  Before a police officer requires that a youth be formally cautioned against further offending or requires the Secretary to convene a community conference –

(a) the officer must 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 (whether or not 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 must record the admission of the commission of the offence in written form and request the youth to sign the admission; and

(c) the youth must agree to being formally cautioned or to the convening of a community conference.

(3)  Before a police officer requires that a youth be formally cautioned against further offending, if the police officer considers it appropriate in all the circumstances, the police officer must –

(a) ask the victim of the offence whether he or she wishes to be present at the administration of the formal caution; and

(b) where the victim wishes to be present, allow the victim the opportunity to attend the administration of the formal caution; and

(c) where the victim does not wish to be present, ask the victim whether he or she wishes to be informed of the identity of the offender and how the offence has been dealt with.