Northern Territory Consolidated Acts

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YOUTH JUSTICE ACT 2005 - SECT 35

Support person

    (1)     For this Part, a support person, in relation to a youth, is one of the following:

        (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).

    (2)     A person cannot be a support person if he or she is, in the opinion of a police officer dealing with a youth, an accomplice of the youth in the alleged offence or likely to lose, destroy or fabricate evidence relating to the offence.

    (3)     A youth cannot be a support person, but nothing prevents a youth who is being dealt with under this Act requesting another particular youth be present as well as a support person.

    (4)     Unless in the person's capacity as a responsible adult in respect of the youth, a police officer or a person employed at a detention centre cannot be a support person.

    (5)     If a police officer has made reasonable attempts to have a person mentioned in subsection (1)(a), (b) or (c) present but it was not practicable for any such person to be present within 2 hours, the officer may call upon a person from the register maintained under section 14 to be the support person.

    (6)     If a youth requests that another particular youth be present as well as a support person, a police officer dealing with the youth must accommodate the request, if practicable, unless:

        (a)     the officer considers that the other youth is an accomplice in the alleged offence or likely to lose, destroy or fabricate evidence relating to the offence; or

        (b)     it would lead to undue delay after the time in which a support person is able to be present.



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