Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 109

    (1)     The following persons must attend the giving of a youth caution to a child—

        (a)     the child;

        (b)     a cautioning police officer;

        (c)     if the youth caution is to be given by a person other than a cautioning police officer, that other person;

        (d)     an appropriate support person, if the cautioning police officer, having regard to the matters specified in subsection (2), considers that the child may not have the capacity to understand the nature and effect of a youth caution;

Example

An interpreter or a disability worker.

        (e)     a person chosen by the child, if it is reasonably practicable for that person to attend the giving 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.

    (2)     For the purposes of subsection (1)(d), 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.

    (3)     The following persons may attend the giving of a youth caution to a child—

        (a)     a representative of any support service with which the child is engaged, if the child agrees to the attendance of that representative;

        (b)     any other person chosen by the child.