35Support person

35 Support person (1) For this Part, a support person, in relation to a youth, is one of the (a) a responsible adult in respect of the youth;

Youth Justice Act 2005 25 (b) a person nominated by the youth; (c) a legal practitioner acting for the youth; (d) a person called upon under subsection (5). (2) A person cannot be a support person if he or she is, in the opinion of a police officer dealing with a youth, an accomplice of the youth in the alleged offence or likely to lose, destroy or fabricate evidence relating to the offence. (3) A youth cannot be a support person, but nothing prevents a youth who is being dealt with under this Act requesting another particular youth be present as well as a support person. (4) Unless in the person's capacity as a responsible adult in respect of the youth, a police officer or a person employed at a detention centre cannot be a support person. (5) If a police officer has made reasonable attempts to have a person mentioned in subsection (1)(a), (b) or (c) present but it was not practicable for any such person to be present within 2 hours, the officer may call upon a person from the register maintained under section 14 to be the support person. (6) If a youth requests that another particular youth be present as well as a support person, a police officer dealing with the youth must accommodate the request, if practicable, unless: (a) the officer considers that the other youth is an accomplice in the alleged offence or likely to lose, destroy or fabricate evidence relating to the offence; or (b) it would lead to undue delay after the time in which a support person is able to be present.