youth Flashcards
youth def
Youth Justice Act 1997 (interpretation)
‘Youth’ means a person who is 10 or more years old but less than 18 years old at the time when the offence the person has committed, or is suspected of having committed, occurred.
when do you have the POA
a) Necessary to prevent a continuation or repetition on the offence
b) Necessary to facilitate the making of a PFVO, FVO, RO
c) Necessary to prevent concealment, loss or destruction of evidence relating to evidence
d) The youth is unlikely to appear before the court in response to a complaint and summons
what to do if you arrest a youth
A police officer who arrests a youth must, as soon as practicable –
(a) inform the youth of the youth’s right to refuse to answer questions, or to participate in investigations, except where required to do so by or under an Act of the State or of the Commonwealth; and
(b) ensure that, if practicable, the youth’s guardian is notified of the arrest
youth justice processes
YOUTH JUSTICE PROCESSES:
INFORMAL CAUTION (This is a ‘YCAN’)
FORMAL CAUTION (You complete a file called a YJAR)
COMMUNITY CONFERENCE (YJAR)
COURT PROCEEDINGS – either by arrest or summons (YJAR)
factors when issuing a YCAN
Can only be issued if Youth admits offence and PO (Police Officer) believes that no formal action is necessary (as with all diversions)
No further action can be taken against the Youth once a YCAN is issued (so be careful)
No restriction on number of YCAN’s issued (DON’T CONFUSE WITH THE LEVELS re.‘DORS’)
Do not have to give one for 1st offence – depends of severity and consideration of all other elements surrounding the offence
If youth does not admit to the offence, a YCAN cannot be issues
can you issue a youth with a YCAN for an assault offence
Section 9.1.4 (1) If a youth commits any assault, an informal caution (YCAN) is NOT to be issued and an alternative sanction under the Youth Justice Act 1997 is to be taken.
can you issue a youth a YCAN for a drug related offence
yes.
Youths CAN be issued a YCAN for drug offences NOT A DORS
Investigate as per normal process and use all available processes under Youth Justice, e.g. Informal Caution, Formal Caution, Community Conference or Court
The CARDBOARD section of every YCAN has the phone number for Alcohol and Drugs Services – the attention of the parent/guardian and the youth should be drawn to this information.
where does each piece of a YCAN go
THE CARDBOARD copy is PROVIDED TO THE YOUTH
THE PAPER front & all other attachments GOES TO YOUR SERGEANT
who can issue a YCAN
all serving officers
who can issue a formal caution
Only ‘AUTHORISED YOUTH JUSTICE OFFICERS’ can conduct a Formal Caution
who can participate in a CC
All serving officers can participate in a Community Conference (this is because a CC is overseen by an independent Youth Justice Facilitator who runs the session, therefore no formal police training is required for attendance)
what if the youth does not admit to the offence
your recommendation must be ‘court appearance’
cant issue a formal caution or CC
who to sign a agreement to attend
Agreement to Attend must be signed by Parent and Youth (and you) on every occasion.
Who can take a person into protective custody
Mental health officer or Police officer
how long can a person be in protective custody before being examined by a medical practitioner
within 4 hrs
