Youth Justice

Question 1

Definition – Responsible Adult: Fill in the Blanks

Answer 1

Responsible adult, in respect of a youth, MEANS A PERSON WHO EXERCISES PARENTAL RESPONSIBILITY FOR THE YOUTH, whether the responsibility is exercised in accordance with contemporary social practice, Aboriginal customary law and Aboriginal tradition or in any other way.

Question 2

Section 4(C) of YJA – Principles: Fill in the Blanks

Answer 2

(c) A youth should only be kept in custody as a LAST RESORT and for the SHORTEST APPROPRIATE PERIOD OF TIME

Question 3

Section 15(1) of YJA – Explanations by Police Officers: Fill in the Blanks

Answer 3

(1) If a police officer is required to inform a youth of any matter in relation to an investigation of an offence, whether under this Act or any other law in force in the Territory, the explanation must be MADE IN A LANGUAGE AND MANNER THE YOUTH IS LIKELY TO UNDERSTAND, having regard to the youth’s age, health, maturity, cultural background and English language skills.

(1A) If the youth appears to have insufficient English language skills to understand the explanation, the police officer must TAKE REASONABLE EFFORTS TO OBTAIN A QUALIFIED INTERPRETER FOR THE EXPLANATION.

(2) Before a youth is searched in connection with the investigation of an offence, a police officer must, unless impracticable, INFORM THE YOUTH OF HIS OR HER ABILITY TO ACCESS LEGAL ADVICE AND REPRESENTATION.

Question 4

Section 18(1) of YJA – Interview of Youth

what term of imprisonment if the offence was committed by an adult does this section apply to a youth what MUST an officer do before interviewing the youth in respect of the offence, or causing the youth to do anything in connection with the investigation of the offence

Answer 4

imprisonment for 12months or longer.

The officer must;
(a) inform the youth of the youth’s ability to access legal advice and representation;

(b) provide the youth with access to legal advice and representation in a place and a manner that allows the youth privacy;
(c) inform the youth of the youth’s ability to contact a friend, relative, a responsible adult in respect of the youth or other support person who must be present while the officer interviews the youth or the youth does the act.

Question 5

If a youth exercises the youth’s right to silence, including exercising the right through legal representation, the officer must not interview the youth in respect of the offence - TRUE or FALSE

Answer 5

TRUE

Question 6

Section 19 of YJA – Search of Youth:
(1) A police officer must not search the property, person or clothing of a youth as part of an investigation of an offence unless there is a……

Answer 6

support person is present

Question 7

S21 of the YJA

A youth must not be charged with an offence without the consent of an……

Answer 7

Authorised Officer

Who is an Authorised Officer?

Question 8

Who is an Authorised Officer?

Answer 8

an officer of or above the rank of Senior Sergeant;

(b) an officer who is in charge of a police station;
(c) an officer who from time to time:
(i) holds a specified rank; or
(ii) performs specified duties (including duties as the officer in charge of a specified police station).

Question 9

A responsible adult needs to be informed about a youth in police custody when?

Answer 9

As soon as practicable after a youth is:

(a) arrested in relation to an offence; or
(b) charged with an offence,

Who else needs to be informed?

Authorised officer

Question 10

Section 31(3) of YJA – Non-Intimate Procedure:
	A senior police officer must not approve the procedure unless he or she is satisfied the youth is of what age?

Answer 10

14 years or over

Question 11

who can be a support person?

Answer 11

(a) a responsible adult in respect of the youth;
(b) a person nominated by the youth;
(c) a legal practitioner acting for the youth;
(d) a person called upon under subsection(5).

Question 12

Section 35(B)of YJA - Who cannot be a Support Person?

Answer 12

an accomplice of the youth in the alleged offence or likely to lose, destroy or fabricate evidence relating to the offence

A youth

A police officer or a person employed at a detention centre

Question 13

The officer must, instead of charging the youth with the offence, do one or more of the following as the officer considers appropriate……

Answer 13

(a) give the youth a verbal warning;
(b) give the youth a written warning;
(c) cause a Youth Justice Conference involving the youth to be convened;
(d) refer the youth to a diversion program.

Question 14

at what age is a child not criminally responsible?

Answer 14

under 10 years of age

Question 15

explain criminal responsibility of a child ages 10 to 14

Answer 15

the burden of proof is on the prosecution to prove the following

the child had the capacity to know their conduct constituting that offence was wrong

Question 16

Section 123 of PAA – Arrest without warrant by members of Police Force:
Note for section 123
If the person arrested is a youth within the meaning of the Youth Justice Act2005, sections 16 and 22 of that Act apply.

what is S16 and 22?

Answer 16

SECTION 16 – Officers are acting lawfully in accordance with General Orders issued by the Commissioner of Police when arresting youths.

SECTION 22 - A police officer must not charge a youth at a police station with an offence unless the officer believes on reasonable grounds that:

(a) the youth will not appear in court to answer a summons in relation to the offence; or
(b) releasing the youth from custody will be accompanied by a substantial risk of:

(i) a continuation or repetition of the offence or another offence by the youth; or
(ii) the loss or destruction of evidence relating to the offence; or

(iii) harm to the youth.

Question 17

How old must a juvenile be defendant be to issued a DVO?

Answer 17

15 years or older

Question 18

Section 137(4) of PAA – Time for bringing person before court generally: fill in the blanks

Answer 18

If the person taken into custody is a youth within the meaning of the Youth Justice Act 2005:

a) every 4 HOURS for a period of up to 24 HOURS a member of the Police Force holding the rank of SENIOR SERGEANT OR A HIGHER RANK must review and record the necessity of holding the youth for the purposes of enabling the youth to be questioned or investigations to be carried out; and
b) before the expiry of the 24 HOUR PERIOD, the member may:
i) apply to a LOCAL COURT JUDGE to hold the youth for an additional period of up to 4 HOURS; and
ii) Make subsequent applications to a Local Court Judge for the holding of the youth for each 4 HOUR PERIOD.