105Explanation of youth caution

105 Explanation of youth caution

(1) Before a child consents to receiving a youth caution for an alleged offence, a cautioning police officer must explain the following matters to the child as plainly and simply as possible and in a way which the child is likely to understand—

(a) the nature and effect of a youth caution;

(b) the nature and circumstances of the alleged offence;

(c) that the child has a right to seek legal advice about the youth caution.

(2) An explanation under subsection (1) must be given in the presence of the following persons—

(a) an appropriate support person, if the cautioning police officer, having regard to the matters specified in subsection (3), considers that the child may not have the capacity to understand the nature and effect of a youth caution;

An interpreter or a disability worker.

(b) a person chosen by the child, if it is reasonably practicable for that person to be present during the explanation of the youth caution to the child, including but not limited to—

(i) a parent of the child; or

(ii) the child's legal representative; or

(iii) an appropriate support person; or

(iv) an independent person.

(3) For the purposes of subsection (2)(a), the specified matters are—

(a) the child's age, maturity and stage of development; and

(b) any disability or mental illness of the child; and

(c) the child's means of communication; and

(d) any other relevant matter in relation to the child's capacity or the circumstances of the alleged offending.