Explanations to children
22 Explanations to children
Before an investigating official proceeds to arrange for a caution to be given under this Part, the investigating official must explain the following matters to the child concerned—
the nature of the offence and the circumstances out of which it is alleged to arise,
that the child is entitled to obtain legal advice and where that advice may be obtained,
that the child is entitled to elect that the matter be dealt with by a court,
the purpose, nature and effect of the caution.
An investigating official must, if practicable, ensure that an explanation takes place in the presence of—
a person responsible for the child, or
an adult (other than an investigating official) who is present with the consent of a person responsible for the child, or
if the child is 14 years or over, an adult chosen by the child, or
an Australian legal practitioner chosen by the child.
This Act’s bill:Explanatory memorandumSecond reading speech
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