104Eligibility of child for youth caution

104 Eligibility of child for youth caution

(1) A youth caution must not be given to a child for an alleged offence unless the child consents to receiving a youth caution for that alleged offence after an explanation has been given to the child under section 105.

(2) The following matters do not affect a child's eligibility to be given a youth caution for an alleged offence—

(a) whether the child has previously been given a youth warning or youth caution for any alleged offence and the number of youth warnings or youth cautions (if any) previously given to the child;

(b) whether the child has previously been charged with any alleged offence;

(c) whether the child has previously been found guilty of any offence;

(d) whether the child denies the alleged offending;

(e) whether the child has exercised any of the child's legal rights in relation to the alleged offence, including the right to silence.