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YOUNG OFFENDERS AMENDMENT (REFORM OF CAUTIONING AND WARNING) BILL 2002




                               New South Wales




Young Offenders Amendment (Reform
of Cautioning and Warning) Bill 2002

Contents
                                                                       Page

                  1 Name of Act                                            2
                  2 Commencement                                           2
                  3 Amendment of Young Offenders Act 1997 No 54            2
        Schedule 1 Amendments                                              3




b01-419-p02.892
                          New South Wales




Young Offenders Amendment (Reform
of Cautioning and Warning) Bill 2002

No    , 2002



A Bill for

An Act to amend the Young Offenders Act 1997 to reform the cautioning and
warning system under that Act; and for other purposes.
Clause 1         Young Offenders Amendment (Reform of Cautioning and Warning)
                 Bill 2002




The Legislature of New South Wales enacts:                                       1

   1     Name of Act                                                             2
             This Act is the Young Offenders Amendment (Reform of Cautioning     3
             and Warning) Act 2002.                                              4

   2     Commencement                                                            5
             This Act commences on the date of assent.                           6

   3     Amendment of Young Offenders Act 1997 No 54                             7
             The Young Offenders Act 1997 is amended as set out in Schedule 1.   8




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Young Offenders Amendment (Reform of Cautioning and Warning)
Bill 2002

Amendments                                                            Schedule 1




Schedule 1          Amendments                                                           1

                                                                           (Section 3)   2


 [1]   Section 7 Principles of scheme                                                    3

       Insert after section 7 (g):                                                       4
                    (h)     The principle that the scheme established by this Act be     5
                            applied expeditiously and that any warning, caution or       6
                            youth justice conference be given or held as close as        7
                            possible to the date when the offence to which it relates    8
                            was committed.                                               9

 [2]   Section 10 Admission of offences                                                  10

       Insert at the end of section 10 (d):                                              11
                            , or                                                         12
                    (e)     a respected member of the community chosen by the            13
                            investigating official.                                      14

 [3]   Section 14 Entitlement to be dealt with by warning                                15
                                                                                         16
       Insert at the end of section 14 (2) (b):                                          17
                            , or                                                         18
                    (c)     the child has previously been convicted or found guilty      19
                            of an offence by a court, or                                 20
                    (d)     the child has previously been dealt with under this Act.     21

 [4]   Section 14 (3)                                                                    22

       Omit the subsection.                                                              23




                                                                              Page 3
                   Young Offenders Amendment (Reform of Cautioning and Warning)
                   Bill 2002

Schedule 1         Amendments




 [5]     Section 17A                                                                       1

         Insert after section 17:                                                          2

         17A    Notice to parent                                                           3
                      An investigating official who gives a warning to a child under       4
                      this Part must give to a parent of the child written notice of:      5
                      (a)    the giving of the warning, and                                6
                      (b)    the offence in relation to which the warning was given,       7
                             and                                                           8
                      (c)    the date, time and place at which the warning was              9
                             given.                                                        10

 [6]     Section 20 Entitlement to be dealt with by caution                                11

         Omit section 20 (2). Insert instead:                                              12
                (2) Despite subsection (1), the child is not entitled to be dealt with     13
                    by caution if:                                                         14
                    (a)    in the opinion of the investigating official, it is more        15
                           appropriate to deal with it by another means because it         16
                           is not in the interests of justice for the matter to be dealt   17
                           with by giving a caution, or                                    18
                    (b)    the child has previously been convicted or found guilty         19
                           of an offence by a court, or                                    20
                    (c)    the child has previously been dealt with under this Act.        21

 [7]     Section 20 (3) (d)                                                                22

         Omit the paragraph.                                                               23

 [8]     Section 20 (6)                                                                    24

         Omit the subsection.                                                              25




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Young Offenders Amendment (Reform of Cautioning and Warning)
Bill 2002

Amendments                                                              Schedule 1




 [9]   Section 22 Explanations to children                                                 1

       Insert at the end of section 22 (2) (d):                                            2
                           , or                                                            3
                    (e)    a respected member of the community chosen by the               4
                           investigating official.                                         5
               (3) A person referred to in subsection (2) (e) may be chosen only           6
                   if the investigating official is satisfied that none of the persons     7
                   referred to subsection (2) (a), (b), (c) or (d) will be present.        8

[10]   Section 23 Referrals for cautions                                                   9

       Omit section 23 (2) (d).                                                            10

[11]   Section 24 Notice of caution                                                        11

       Insert "and a parent of the child" after "notice to the child" in section 24 (1).   12

[12]   Section 26 Place and time of cautions                                               13

       Omit section 26 (1). Insert instead:                                                14
               (1) A caution must, if practicable, be given not more than 7 days           15
                   after notice of the caution is given under section 24 (1).              16

[13]   Section 28 Persons who may accompany child                                          17

       Omit section 28 (e). Insert instead:                                                18
                    (e)    a respected member of the community (whether chosen             19
                           by the child or by the person giving the caution),              20

[14]   Section 29 Giving of cautions                                                       21

       Omit "an adult chosen by the child" from section 29 (3).                            22
       Insert instead "a respected member of the community (whether chosen by              23
       the child or by the person giving the caution)".                                    24




                                                                                Page 5
                    Young Offenders Amendment (Reform of Cautioning and Warning)
                    Bill 2002

Schedule 1          Amendments




[15]     Section 30 Caution notice                                                        1

         Insert after section 30 (2):                                                     2
                 (3) A copy of the caution notice signed by the child must be given       3
                     to a parent of the child.                                            4

[16]     Section 37 Entitlement to be dealt with by conference                            5

         Omit section 37 (1). Insert instead:                                             6
                 (1) A child who is alleged to have committed an offence for which         7
                     a conference may be held is entitled to be dealt with by holding      8
                     a conference if the offence is one for which neither a warning        9
                     nor a caution may be given.                                          10

[17]     Section 37 (2)                                                                   11

         Omit "or by giving a caution".                                                   12

[18]     Section 38 Determinations by specialist youth officers                           13

         Omit section 38 (2).                                                             14

[19]     Section 39 Explanations to children                                              15

         Insert after section 39 (2) (d):                                                 16
                             , or                                                         17
                      (e)    a respected member of the community chosen by the            18
                             specialist youth officer.                                    19
                 (3) A person referred to in subsection (2) (e) may be chosen only        20
                     if the specialist youth officer is satisfied that none of the        21
                     persons referred to in subsection (2) (a), (b), (c) or (d) will be   22
                     present.                                                             23

[20]     Section 41 Conference administrator may refer matters to DPP                     24

         Omit the section.                                                                25




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Young Offenders Amendment (Reform of Cautioning and Warning)
Bill 2002

Amendments                                                             Schedule 1




[21]   Section 42 Appointment of conference convenor                                     1

       Omit section 42 (2).                                                              2

[22]   Section 44 Right not to proceed                                                   3

       Omit section 44 (2). Insert instead:                                              4
               (2) A specialist youth officer who refers a matter for a conference        5
                   may, at any time before the conference is held, determine that         6
                   it is not in the interests of justice for a matter to be dealt with    7
                   by a conference and refer the matter to the investigating official     8
                   or other appropriate authority for the commencement of                 9
                   proceedings.                                                          10

[23]   Section 47 Participants in conferences                                            11

       Omit "for the purpose of advising conference participants about relevant          12
       issues," from section 47 (2) (a).                                                 13

[24]   Schedule 3 Savings and transitional provisions                                    14

       Insert before clause 1:                                                           15


       Part 1 General                                                                    16

[25]   Schedule 3, clause 1                                                              17

       Insert at the end of clause 1 (1):                                                18
                    Young Offenders Amendment (Reform of Cautioning and                  19
                    Warning) Act 2002                                                    20




                                                                               Page 7
                    Young Offenders Amendment (Reform of Cautioning and Warning)
                    Bill 2002

Schedule 1          Amendments




[26]     Schedule 3, Part 2                                                        1

         Insert after clause 3:                                                    2


         Part 2 Provisions consequent on enactment of                              3
                Young Offenders Amendment (Reform of                               4
                Cautioning and Warning) Act 2002                                   5

             4   Savings                                                           6
                      This Act, as in force immediately before the date of the      7
                      commencement of the Young Offenders Amendment (Reform         8
                      of Cautioning and Warning) Act 2002 continues to apply to     9
                      and in respect of matters arising before the commencement    10
                      date.                                                        11

             5   Application of amendments                                         12
                      The amendments made by the Young Offenders Amendment         13
                      (Reform of Cautioning and Warning) Act 2002 apply only to    14
                      and in respect of offences committed on or after the         15
                      commencement of that Act.                                    16




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