Young Offenders Amendment (Reform
of Cautioning and Warning) Bill 2003

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Young Offenders Act 1997 (the Act) so as:

(a) to provide that young offenders who have previously been convicted or
found guilty of an offence by a court or who have previously been dealt
with under the Act are not entitled to be warned or cautioned under the
Act, and

(b) to require that a parent of a young offender be given notice when the
offender is warned under Part 3, or cautioned under Part 4, of the Act, and

(c) to provide for a more expeditious application of the scheme established by
the Act by:

        (i) requiring that a warning, caution or conference be given or held as
close as possible to the date when the offence to which it relates was
committed, and
        (ii) depriving the child, or a person responsible for the child, of the
opportunity to delay the matter by refusing to choose an adult to be
present at the time of admission, caution, giving of explanation or
conference, and
        (iii) giving the investigating official, person giving the caution,
specialist youth officer or conference convenor the power to appoint
a respected member of the community to be present at the times
referred to in the preceding subparagraph if the child, or a person
responsible for the child, refuses to choose an adult or if the
investigating official or specialist youth officer is satisfied that no
other person will be present, and
        (iv) removing the discretion of specialist youth officers, conference
administrators and the Director of Public Prosecutions to overturn
referrals for conferences in favour of cautions.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of
assent.

Clause 3 is a formal provision giving effect to the amendments to the Young
Offenders Act 1997 set out in Schedule 1.

Schedule 1 Amendments
Repeat offenders—entitlement to be dealt with by conference
Currently, a child is not precluded from being given a warning or a caution
merely because the child has previously committed offences or has previously
been dealt with under the Act.

Schedule 1 [3], [4], [6], [7], [8] and [10] make amendments to preclude a child
from being given a warning or caution if the child has previously been convicted
or found guilty of an offence by a court or been dealt with under the Act. An
exception is provided in the case of the right to be given a caution where an
investigating official determines it is an appropriate case and the child has been
previously given one warning.

Schedule 1 [16] provides that a child is entitled to be dealt with by conference
if the offence is one for which neither a warning nor a caution may be given.

Notice to parents
Schedule 1 [5] (proposed section 17A) requires an investigating official to give
written notice of the giving of a warning to a parent of the child.

Schedule 1 [11] amends section 24 (1) to require a person arranging a caution to
give notice to a parent of the child to be cautioned.

Schedule 1 [15] (proposed section 30 (3)) requires that a copy of the caution
notice be given to a parent of the child.

Expeditious application of scheme
Schedule 1 [1] (proposed section 7 (h)) provides that persons exercising
functions under the Act should do so expeditiously and that a warning, caution
or youth justice conference be given or held as close as possible to the date when
the offence to which it relates was committed.

Schedule 1 [12] (proposed section 26 (1)) provides for a shorter period within
which a caution must be given.

Participation of respected member of the community
At present, it is possible for a child, or a person responsible for the child, to delay
the application of the scheme by refusing to choose an adult to be present at the
time of admission, caution, conference or giving of explanation. The following
amendments allow a respected member of the community to be present at those
times.

Schedule 1 [2] amends section 10 to allow an admission by a child of an offence
to take place in the presence of a respected member of the community chosen by
the investigating official.

Schedule 1 [9] and [19] amend sections 22 (2) and 39 (2) to allow, in certain
cases, explanations to children in relation to cautions and conferences to bemade
in the presence of a respected member of the community chosen by the
investigating official or specialist youth officer.

Schedule 1 [13] and [14] amend sections 28 and 29 to allow a respected member
of the community chosen by a person giving a caution to be present when the
caution is given to the child.

Schedule 1 [23] removes the limitation on the role played at a conference by a
respected member of the community chosen by the conference convenor.

Removal of discretion to overturn referrals
Schedule 1 [17], [18], [20] and [22] remove the discretion of specialist youth
officers, conference administrators and the Director of Public Prosecutions to
overturn referrals for conferences in favour of cautions.

Schedule 1 [21] is a consequential amendment.

Savings and transitional provisions
Schedule 1 [25] amends Schedule 3 so as to enable regulations of a savings or
transitional nature to be made in connection with the proposed Act.

Schedule 1 [26] amends Schedule 3 so as to enact savings provisions in
connection with the proposed Act.

Schedule 1 [24] is a consequential amendment.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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