The Court held that s 14(2) of the Young Offenders Act 1993 (SA) applies at the point of arrest and cannot be disapplied merely because the youth is subsequently charged as an adult under s 16, as the arresting officer has no role in that prosecutorial decision. While there was substantial compliance with s 14(2)(a) and (c) and with s 79A of the Summary Offences Act, the record of interview was excluded under the [name withheld] unified discretion because the accused's ASD (Level 2), borderline IQ, and language impairment meant he did not understand the word 'solicitor' and therefore could not meaningfully appreciate his right to legal representation — rendering admission of the confessional evidence unfair notwithstanding the absence of police impropriety. The initial exchange at the scene was admitted as it occurred during the investigatory (not accusatory) stage and involved spontaneous, open-ended questioning in a dynamic situation.
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