18Interview of youth

18 Interview of youth (1) This section applies if a police officer believes on reasonable grounds that a youth has committed or is implicated in the commission of an offence that, if committed by an adult, would be punishable by imprisonment for 12 months or longer. (1A) The officer must do the following before interviewing the youth in respect of the offence, or causing the youth to do anything in connection with the investigation of the offence: (a) inform the youth of the youth's ability to access legal advice and representation; (b) provide the youth with access to legal advice and representation in a place and a manner that allows the youth privacy; (c) inform the youth of the youth's ability to contact a friend, relative, a responsible adult in respect of the youth or other support person who must be present while the officer interviews the youth or the youth does the act. Note for subsection (1A) Section 15 applies to explanations by police officers in relation to an investigation of an offence. (1B) If a youth exercises the youth's right to silence, including exercising the right through legal representation, the officer must not interview the youth in respect of the offence. (2) The officer must not interview the youth in respect of the offence, or cause the youth to do anything in connection with the investigation of the offence, unless a person mentioned in subsection (1A)(c) is present while the officer interviews the youth or the youth does the act. Youth Justice Act 2005 14 (2A) Despite subsection (2), the police officer may conduct a breath test, breath analysis or saliva test in relation to the youth in accordance with a requirement of section 24, 29AAA, 29AAB, 29AAC, 29AAD or 29AAF of the Traffic Act 1987 without a person mentioned in subsection (1A)(c) being present if the officer has made reasonable endeavours to arrange the presence of such a person. Example for subsection (2A) Used multiple contact methods to attempt to contact multiple friends, relatives, responsible adults or support persons. (3) This section does not affect the power of a police officer, under the Police Administration Act 1978 or any other Act, to require a youth to give the youth's name and address. (4) The police officer must keep a record of the particulars prescribed by the Regulations in exercising a power under this section. (5) To avoid doubt, this section does not apply in relation to the (a) the search of a youth under section 19; (b) a procedure carried out under Division 3. Notes for subsection (5) 1 Section 19 provides for the presence of a support person while a search is carried out. 2 Section 29 provides for the presence of a support person while a forensic procedure is carried out. 19 Search of youth (1) A police officer must not search the property, person or clothing of a youth as part of an investigation of an offence unless there is a support person present. (2) Subsection (1) does not apply if the officer reasonably believes: (a) that a search of the property, person or clothing of the youth needs to be carried out as a matter of urgency; and (b) that a delay to allow a support person to be present would create an unacceptable risk of harm to the youth or another person or the loss or destruction of evidence. (3) If the search is conducted without a support person being present, the officer must do so in a manner that preserves the dignity of the youth as best as is practicable. Youth Justice Act 2005 15 (4) The officer must not require a youth to remove any clothing that the youth is wearing unless: (a) the officer has reasonable grounds for believing that the removal and examination of the clothing may afford evidence of the commission of an offence; and (b) the youth is provided with adequate clothing to replace the clothing removed.