Youth Justice Act - Northern Territory Legislation (Australia)

Front 1

S18 a
When can a youth be interviewed ?

Back 1

If a police officer believes on reasonable grounds that a youth has committed or is implicated in the commission of an offence that, if committed by an adult, would be punishable by imprisonment for 12 months or longer.

Front 2

S18 b
What must a Police officer not do if a support person is not present ?

Back 2

The officer must not interview the youth in respect of the offence, or cause the youth to do anything in connection with the investigation of the offence

Front 3

S17
If a member who is not an authorised member arrests a youth, what must he do?

Back 3

he or she must, as soon as practicable after the youth is arrested, notify an authorised officer of the arrest.

Front 4

S6
Under the Youth Justice Act, what is the meaning of youth?

Back 4

(a) a person under 18 years of age; or
(b) in the absence of proof as to age, a person apparently under 18 years of age.

(2) If the context requires, a youth includes a person who committed an offence as a youth but has since turned 18 years of age.

Front 5

Div 5 S3
Under the Youth Justice Act what is an intimate part of the body?

Back 5

(a)genital area;

(b) anal area;

(c) buttocks;

(d) youth is a female – the breasts.

Front 6

S7 Under the Youth Justice Act -
what is an intimate procedure?

Back 6

(a) an internal or external examination of an intimate part of the body;

(b) an internal examination of a non-intimate part of the body;

(c) taking from an intimate part of the body a substance, or a sample of a substance, on or in the body;

(d) taking a sample of blood (other than by a swab or washing from an external non-intimate part of the body);

(e) taking a sample of pubic hair;

(f) taking a sample from an intimate part of the body:

(i) by swab or washing; or
(ii) by vacuum suction, scraping or lifting by tape;

(g) taking a dental impression or an impression of a bite mark;
(h) taking a photograph, or an impression or cast, of a wound to an intimate part of the body;

(i) taking an X-ray;

(j) taking a sample of urine.

Front 7

S8
What is a Non-intimate procedure?

Back 7

includes any of the following:

(a) taking a sample of saliva or a sample by buccal swab;
(b) an external examination of a non-intimate part of the body;

(c) taking a sample of hair other than pubic hair;

(d) taking a sample from an external non-intimate part of the body:

(i) by swab or washing; or
(ii) by vacuum suction, scraping or lifting by tape;

(e) taking a photograph of, or an impression or cast of a wound to, a non-intimate part of the body;
(f) an identifying procedure.

Front 8

S8 (2) In subsection (1):
What is an identifying procedure?

Back 8

(a) the taking of prints of the hands, fingers, feet or toes; or

(b) the taking of photographs of the youth that are:

(i) of an identifying nature; and
(ii) of a non-intimate part of the body.

Front 9

S9
What is an Illicit drug or substance?

Back 9

(a) a drug or substance, the possession of which is prohibited under a law in force in the Territory;

(b) a drug or substance for which a prescription is required, if no prescription is in force in relation to the youth:

(i) in whose possession the drug or substance is found; or
(ii) in whose body the drug or substance is detected;

(c) in relation to a youth who is detained at a detention centre – a drug or substance, the possession of which is prohibited under the rules of the detention centre;
(d) in relation to a youth who is the subject of an alternative detention order – a drug or substance, the possession of which is prohibited under the conditions of the order.

Front 10

S13

What is an authorised officer?

Back 10

(a) the Commissioner of Police, a Deputy Commissioner of Police or Assistant Commissioner of Police; or

(b) a police officer authorised under section 36.
(a) an officer of or above the rank of Senior Sergeant;

(b) an officer who is in charge of a police station;

(c) an officer who from time to time:

(i) holds a specified rank; or
(ii) performs specified duties (including duties as the officer in charge of a specified police station).

Front 11

S35
What is a Support person?

Back 11

(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).
(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.

Front 12

S 35 2
When can a person not be a Support person?

Back 12

2) 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 his or her capacity as a responsible adult in respect of the youth, a police officer, a probation officer or a person employed at a detention centre cannot be a support person.

Front 13

15 (1) If a police officer is required to inform a youth of any matter in relation to an investigation of an offence, How must it be made?

Back 13

The explanation must be made in a language and manner the youth is likely to understand, having regard to the youth's age, maturity, cultural background and English language skills.

Front 14

15(2) Before a youth is interviewed or searched in connection with the investigation of an offence, What must a police officer do?

Back 14

unless impracticable, inform the youth of his or her ability to access legal advice and representation.

Front 15

21 (1)
A youth must not be charged with an offence without the consent of ?

Back 15

an authorised officer

Front 16

21(2)
A document that charges a youth with one or more offences must?

Back 16

(2) A document that charges a youth with one or more offences must:

Front 17

22 (1) Charging of youth is to be by summons except in what cases?

Back 17

(a) the youth will not appear in court to answer a summons in relation to the offence; or
(b) releasing the youth from custody will be accompanied by a substantial risk of:

(i) a continuation or repetition of the offence or another offence by the youth; or
(ii) the loss or destruction of evidence relating to the offence; or

(iii) harm to the youth.

Front 18

22(2) If a member charges the youth at a police station with an offence , what may he also do?

Back 18

(a) release the youth on bail; or

(b) apply under section 24 for an order that the youth be detained in custody.

Front 19

23 (1)
As soon as practicable after a youth is:

(a) arrested in relation to an offence; or
(b) charged with an offence,

What must happen?

Back 19

the police officer who arrested or charged the youth must take all reasonable steps to ensure that a responsible adult in respect of the youth is notified of the arrest or charge.

(2) The notification must include the time and place when the youth will be brought before the Court or, if summoned, when the youth must appear in court.
(3) This section applies whether the responsible adult resides in the Territory or not.

Front 20

24 (1)
If a youth has been charged with an offence and is not admitted to bail, what must a police officer do?

Back 20

as soon as practicable, apply to the Court or a magistrate for an order that the youth be detained at a detention centre or other place approved by the Minister for the purpose.

Front 21

24 (2)
If it is not practicable to apply in person to a Court or Magistrate for an order to detain a youth, how else may an a police officer make application?

Back 21

By telephone

Front 22

24 (3)
If the Court or magistrate makes the order, it must?

Back 22

(a) be in writing; and
(b) specify the detention centre or other place at which the youth is to be detained.

Front 23

24 (5)
The police officer is informed of the Youth Detention order by the Court or magistrate by telephone, what must the Police Officer do?

Back 23

Sign a written version of the order to provide to the Youth Detention Centre .

Front 24

24 (7)
The police officer who charges a youth must take all reasonable steps to ensure what person is notified?

Back 24

a responsible adult in respect of the youth.

Front 25

24 (7)
When a responsible adult in respect of the youthis notified a youth has been detained in custody, what else must he be advised of?

Back 25

The place where the Youth has been detained.

Front 26

S18 a
Before he decides to interview a youth for the commission or implication in the commission of an offence, what penalty must the same offence carry if it were committed by an adult?

Back 26

12 months imprisonment or more

Front 27

35 (5)
If a police officer has made reasonable attempts to have a support person present but it was not practicable for any such person to be present within 2 hours?

Back 27

the officer may call upon a person from the register maintained under section 14 (Youth Justice Advisory Committee) to be the support person.

Front 28

35 (5)
How long must a Police Officer attempt to locate a support person in respect of a youth before he may utilise a person specified on a Youth Justice Advisory Committee register maintained for that purpose under section 14 of the act?

Back 28

2 hours.

Front 29

14 (3)
The register of support persons in respect of youths cannot include what sort of persons?

Back 29

youths, police officers, probation officers or persons who are employed at a detention centre.

Front 30

19 Search of youth

(1) A police officer must not search the property, person or clothing of a youth as part of an investigation of an offence unless there is a support person present.
What are the exceptions to this rule ?

Back 30

if the officer reasonably believes:

(a) that a search of the property, person or clothing of the youth needs to be carried out as a matter of urgency; and
(b) that a delay to allow a support person to be present would create an unacceptable risk of harm to the youth or another person or the loss or destruction of evidence.

Front 31

19 (3)
If a search is conducted without a support person being present, How must the search be carried out ?manner that does what ?preserves the dignity of the youth as best as is practicable.

Back 31

In a manner that preserves the dignity of the youth as best as is practicable.

Front 32

19 Search of youth
(4) The officer must not require a youth to remove any clothing that the youth is wearing unless what ?

Back 32

(a) the officer has reasonable grounds for believing that the removal and examination of the clothing may afford evidence of the commission of an offence; and
(b) the youth is provided with adequate clothing to replace the clothing removed.

Front 33

19 Search of youth
(a) If an officer has reasonable grounds for believing that the removal and examination of the clothing may afford evidence of the commission of an offence, what must he ensure before commencing the search?

Back 33

the youth is provided with adequate clothing to replace the clothing removed.

Front 34

20 Search must be by person of same gender
(1) The person or clothing of a youth must only be searched by a person of the same gender as the youth and the search must be carried out in a place and a manner that does what?

Back 34

Allows the youth privacy from persons of the other gender.

Front 35

20 Search must be by person of same gender
2) If a police officer of the same gender as the youth is not available within a reasonable time, who else may carry out the search of a youth ?

Back 35

a person of the appropriate gender who is not a police officer may carry out the search under the direction of a police officer who must take the necessary measures to preserve the youth's privacy and dignity.

Front 36

20 Search must be by person of same gender
(3) When a youth is searched by a person of the same gender at the direction of a Police Officer and the person carrying out the search is not a Police Officer, what powers and protection does the searching person have ?

Back 36

the same as a police officer.

Front 37

26
When a youth is to be detained or held in custody by Police or any period, what must Police ensure in relation to other prisoners or detainees?

Back 37

as far as practicable, the youth be kept apart from other persons under detention who are not youths.

Front 38

27 Arrested youth to be brought before Court promptly.
What is the maximum period of time a youth may be detained in custody?

Back 38

as soon as practicable and in any case within 7 days after the arrest.

Front 39

27(2)
If a youth is not brought before the Court within 7 days after the arrest, the person in whose custody the youth is being held must immediately do what?

Back 39

release the youth.

Front 40

Division 3 Forensic procedures
28
In reference to carrying out a forensic procedure, who is a Senior Police Officer?

Back 40

a police officer of the rank of Superintendent or a higher rank.

Front 41

29
Who must be present before a the carrying out of a forensic procedure on a youth?

Back 41

A support person

Front 42

30 Intimate procedure
(1) Under what circumstances can an authorised officer arrange for a medical practitioner or dentist to carry out an intimate procedure on a youth ?

Back 42

(a) the youth is in lawful custody in respect of an offence;
(b) the youth has been charged with an offence;

(c) the youth has been summoned to appear in proceedings against him or her for an offence;

(d) an authorised officer has consented to proceedings in respect of an offence being brought against the youth by summons.

Front 43

30 Intimate procedure
(2) The officer may only make an arrangement to have an intimate procedure carried out on a youth if he or she believes what?

Back 43

on reasonable grounds that the procedure may provide evidence relating to an offence punishable by imprisonment.

Front 44

30 (3)
Who can approve the carrying out of an intimate procedure on a youth?

Back 44

A Magistrate

Front 45

30 (4)
How can an officer apply to a magistrate for approval to carry out an intimate procedure on a youth ?

Back 45

(a) in person; or
(b) if that is not practicable – by telephone.

Front 46

30 (6)
The approval to conduct an intimate procedure on a youth must be in writing;
What must it specify ?

Back 46

the intimate procedure that may be carried out.

Front 47

30
(7) How soon must the magistrate must give or send a copy of the approval to the officer?

Back 47

as soon as practicable.

Front 48

30
If an officer is informed by the magistrate by telephone.of the approval to carry out an intimate procedure on a youth, but has not received written approval, may the procedure be conducted?

Back 48

Yes

Front 49

30 (9)
Who may carry out the intimate procedure in accordance with the approval?

Back 49

A medical practitioner or registered dentist

Hint 49

Breathe out and open wide

Front 50

30 (10)
What powers does a Police officer have in relation to a medical practitioner or dentist to carrying out an approved intimate procedure on a youth?

Back 50

A police officer:

(a) may assist a medical practitioner or dentist to carry out the intimate procedure; and
(b) may use reasonable force when assisting the medical practitioner or dentist.

Front 51

30 (11)
Before the intimate procedure is carried out, a police officer must make certain enquiries of the youth, or the support person who is with the youth. What are those enquiries?

Back 51

whether they wish to have a medical practitioner or dentist of his or her own choice present when the procedure is carried out.

Front 52

30 (12)
If the youth or support person wishes to have a medical practitioner or dentist of his or her own choice present, what must the police officer do?

Back 52

(a) provide reasonable facilities to enable the youth or person to arrange for the medical practitioner or dentist to be present; and
(b) unless it would be impracticable to do so – arrange for the intimate procedure to be carried out at a time when the medical practitioner or dentist can be present.

Front 53

31 Non-intimate procedure
(3) A senior police officer must not approve the procedure unless he or she is satisfied the youth is what?

Back 53

14 years of age or older.

Front 54

35 (4)
Can a police officer, a probation officer or a person employed at a detention centre be a support person?

Back 54

Only if it is in his or her capacity as a responsible adult in respect of the youth.

Front 55

35 (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 what?

Back 55

(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.

Front 56

39 Diversion of youth
(1) This section applies if a police officer believes what on reasonable grounds?

Back 56

(a) a person has committed an offence; and
(b) the person is a youth or was a youth when the offence was committed.

Front 57

39(2) As he considers appropriate, what action may an officer take instead of charging a youth with an offence?

Back 57

(a) give the youth a verbal warning;
(b) give the youth a written warning;

(c) cause a Youth Justice Conference involving the youth to be convened;

(d) refer the youth to a diversion program.

Front 58

39 Diversion of youth
(3) There are circumstances when diverting a youth does not apply?

Back 58

(a) the youth has left the Territory or the youth's whereabouts is unknown; or
(b) the alleged offence is a serious offence; or

(c) the youth has, on 2 previous occasions, been dealt with by Youth Justice Conference or diversion program (or on one of the occasions by Youth Justice Conference and on the other by diversion program); or

(d) the youth has some other history that makes diversion an unsuitable option (including a history of previous diversion or previous convictions).

Front 59

39 Diversion of youth
(6) Can a youth be diverted in relation to an offence even though he or she has been charged with the offence?

Back 59

Yes

Front 60

40
1) Who's consent must be obtained before a youth can be diverted?

Back 60

the youth and a responsible adult in respect of the youth

Front 61

40 (2)
If it is not possible or practicable for the police officer to obtain a responsible adult's consent to the youth being diverted, what may a Police officer do in respect to diversion of a youth ?

Back 61

The officer may give the youth a verbal warning despite that the consent of a responsible adult has not been obtained.

Front 62

40 (3)
If the youth, or a responsible adult in respect of the youth, does not consent to the youth being diverted, what may a Police Officer do?

Back 62

The police officer may charge the youth with the offence that the officer believes on reasonable grounds the youth committed and the youth may be prosecuted for the offence.

Front 63

41 Effect of diverting youth

(1) If a youth is diverted in relation to an offence and the diversion is completed to the satisfaction of a police officer, can criminal investigation or criminal legal proceedings be commenced or continued against the youth in respect of the offence?

Back 63

No

Front 64

41 Effect of diverting youth
(2) Is an admission made or information given by a youth during the course of diversion in relation to an offence, admissible in any subsequent criminal or civil proceedings in relation to the offence?

Back 64

No
(3) However, subsection (2) does not prevent the admission of evidence that has been properly obtained in accordance with the Police Administration Act and the Youth Justice Act.