108Persons who may give a youth caution other than a cautioning police officer

108 Persons who may give a youth caution other than a cautioning police officer

(1) A cautioning police officer may request another person, including a respected member of a cultural or religious community with which the child identifies, to give a youth caution to a child if—

(a) the cautioning police officer considers it appropriate in the circumstances for the other person to give the youth caution to the child; and

(b) the child agrees to that other person giving the youth caution.

(2) If a youth caution is to be given to an Aboriginal child, a cautioning police officer must—

(a) ask the child whether the child agrees to an Elder of the child's Aboriginal community giving the youth caution; and

(b) if the child agrees, request the Elder to give the youth caution to that child.

(3) A youth caution may be given to an Aboriginal child by a cautioning police officer or another person in accordance with subsection (1) if it is not reasonably practicable for the youth caution to be given by an Elder of the child's Aboriginal community.