ADPP - Young Offenders: Questions With Solutions
What Act governs police interaction with people under the age of 18 years and
to whom does it apply Right Ans - Young Offenders Act 1997 and it applies
to children between the ages of 10-18yrs. It can also apply to a person under
21 if the offence was committed when under 18 (s.7A)
What does the term 'child' mean in relation to this Act Right Ans - A person
who is of or over the age of 10 and under the age of 18 years (s.4)
State the types of offences covered by this Act Right Ans - a. summary
offences
b. some indictable offences that can be dealt with summarily (s.8)
What offences are not covered by this Act Right Ans - a. Breaches of AVO
and DV Offences
b. Offences resulting in death or serious injury of a person (T1 offences)
c. Armed robbery offences
d. Sexual offences
e. Trafficking and supply of drugs
f. Traffic offences if the child was old enought to have a learner's permit at the
time of the offence (s.8)
What are some principles of the YOA Right Ans - a. least restrictive
sanction to be applied
b. children are entitiled to legal advice
c. criminal proceedings not to be applied if more appropriate alternative
available
d. children should be dealt with in their own communities
e. parents to be included in justice processes and recognised as primary
responsibility for the development of the child
f. victims should be included in process (s.7)
What are the procedures for this Act Right Ans - a. A warning
b. A caution
c. A conference (s.9)
For an admission from a child to be taken who must be present Right Ans -
a. a person responsible for the child
, b. another adult that the person responsible for the child consents to be there
c. an adult chosen by the child (child must be 14+yrs)
d. an Australian legal practicioner chosen by the child (s.10)
Warnings can be given for what type of offence and how can they be given
Right Ans - a. A summary offence that does not involve violence (s.13).
b. they can be given at any place to any number of children at one time. (s.15)
Once given a warning what must an officer do Right Ans - a. Ensure that the
child understands the purpose, nature and effect of the warning (s.16)
b. contact the parents or those responsible for the child, unless the officer
suspects there is a risk to the safety, welfare or well-being of the child (s.16A)
c. Record all warnings on COPS (s.17)
Cautions can be given for what type of offence Right Ans - any offence
covered by the Act - summary and indictable. (s.18)
When can a caution be given Right Ans - a. it is a cautionary offence under
the Act, and
b. the child admits to the offence, and
c. the child consents to the giving of the caution, and
d. giving a warning is not deemed appropriate or the offence is not one where
a warning can be given (s.19)
What must be considered before cautioning Right Ans - a. seriousness of
the offence
b. degree of violence involved
c. the harm caused to victim
d. number and nature of any offences committed by child and the number of
times dealt with under this Act
e. any other matter appropriate in the circumstances (s.20.3)
When and where can a caution be given and by whom Right Ans - a. A
police station or any other appropriate place depending on the circumstance,
no less than 10 or more than 21 days after notice of caution is given. (s.26)
b. Can be given by a police officer, specialist youth officer, or a respected
member of the community ie Aboriginal elder if child is Aboriginal (s.27)
What Act governs police interaction with people under the age of 18 years and
to whom does it apply Right Ans - Young Offenders Act 1997 and it applies
to children between the ages of 10-18yrs. It can also apply to a person under
21 if the offence was committed when under 18 (s.7A)
What does the term 'child' mean in relation to this Act Right Ans - A person
who is of or over the age of 10 and under the age of 18 years (s.4)
State the types of offences covered by this Act Right Ans - a. summary
offences
b. some indictable offences that can be dealt with summarily (s.8)
What offences are not covered by this Act Right Ans - a. Breaches of AVO
and DV Offences
b. Offences resulting in death or serious injury of a person (T1 offences)
c. Armed robbery offences
d. Sexual offences
e. Trafficking and supply of drugs
f. Traffic offences if the child was old enought to have a learner's permit at the
time of the offence (s.8)
What are some principles of the YOA Right Ans - a. least restrictive
sanction to be applied
b. children are entitiled to legal advice
c. criminal proceedings not to be applied if more appropriate alternative
available
d. children should be dealt with in their own communities
e. parents to be included in justice processes and recognised as primary
responsibility for the development of the child
f. victims should be included in process (s.7)
What are the procedures for this Act Right Ans - a. A warning
b. A caution
c. A conference (s.9)
For an admission from a child to be taken who must be present Right Ans -
a. a person responsible for the child
, b. another adult that the person responsible for the child consents to be there
c. an adult chosen by the child (child must be 14+yrs)
d. an Australian legal practicioner chosen by the child (s.10)
Warnings can be given for what type of offence and how can they be given
Right Ans - a. A summary offence that does not involve violence (s.13).
b. they can be given at any place to any number of children at one time. (s.15)
Once given a warning what must an officer do Right Ans - a. Ensure that the
child understands the purpose, nature and effect of the warning (s.16)
b. contact the parents or those responsible for the child, unless the officer
suspects there is a risk to the safety, welfare or well-being of the child (s.16A)
c. Record all warnings on COPS (s.17)
Cautions can be given for what type of offence Right Ans - any offence
covered by the Act - summary and indictable. (s.18)
When can a caution be given Right Ans - a. it is a cautionary offence under
the Act, and
b. the child admits to the offence, and
c. the child consents to the giving of the caution, and
d. giving a warning is not deemed appropriate or the offence is not one where
a warning can be given (s.19)
What must be considered before cautioning Right Ans - a. seriousness of
the offence
b. degree of violence involved
c. the harm caused to victim
d. number and nature of any offences committed by child and the number of
times dealt with under this Act
e. any other matter appropriate in the circumstances (s.20.3)
When and where can a caution be given and by whom Right Ans - a. A
police station or any other appropriate place depending on the circumstance,
no less than 10 or more than 21 days after notice of caution is given. (s.26)
b. Can be given by a police officer, specialist youth officer, or a respected
member of the community ie Aboriginal elder if child is Aboriginal (s.27)
