AustLII Tasmanian Numbered Acts

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YOUTH JUSTICE (MISCELLANEOUS AMENDMENTS) ACT 2013 (NO. 27 OF 2013) - SECT 18

Sections 24A , 24B and 24C inserted

After section 24 of the Principal Act , the following sections are inserted in Part 3:

24A.     Duties of police officer where youth arrested

(1)  If a youth is arrested, a reference in the Criminal Law (Detention and Interrogation) Act 1995 to a friend is to be taken, in relation to the youth, to include a reference to a person who is a responsible adult, within the meaning of this Act, in respect of the youth.
(2)  A police officer who arrests a youth must, as soon as practicable –
(a) inform the youth of the youth's right to refuse to answer questions, or to participate in investigations, except where required to do so by or under an Act of the State or of the Commonwealth; and
(b) ensure that, if practicable, the youth's guardian is notified of the arrest.
(3)  Subsection (2) does not derogate from any other duties that a police officer who arrests a youth has under any other law of the State relating to investigation, interrogation, arrest, bail, remand or custody.

24B.   Conditions of bail

A court or justice, or a police officer, who intends to admit a youth to bail must have regard to the principles set out in section 5 , so far as they may apply to the circumstances of the youth, in deciding whether to impose any conditions on the bail and in determining the conditions that are imposed on the bail.

24C.   Breach of condition of bail

(1)  In this section –
relevant contravention , in relation to a youth, means a contravention by the youth, without reasonable cause, of any condition of bail that has effect after the release of the youth from custody, other than a contravention consisting of a failure to appear before a justice or a court, as required under section 5 or 7 of the Bail Act 1994 .
(2)  If a relevant contravention by a youth occurs –
(a) sections 5(4) and 9 of the Bail Act 1994 do not apply in relation to the contravention; and
(b) a court (including the Court) may take the contravention into account in sentencing the youth for the offence in relation to which the bail to which the contravention relates was granted.
(3)  If a youth is arrested under section 5(5A) of the Bail Act 1994 in respect of a relevant contravention, a reference in section 34(1) or 34A of the Justices Act 1959 to a simple offence, or to an offence, respectively, is, in its application to the youth in respect of the arrest, to be taken to include a reference to a relevant contravention.
(4)  If a youth is arrested under section 5(5A) or 10 of the Bail Act 1994 in respect of a relevant contravention, a reference in section 4 of the Criminal Law (Detention and Interrogation) Act 1995 to an offence, in its application to the youth in respect of the arrest, is to be taken to be a reference to a relevant contravention.



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