Victorian Current Acts

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YOUTH JUSTICE ACT 2024 - SECT 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.



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