New South Wales Consolidated Acts

YOUNG OFFENDERS ACT 1997 - SECT 31

31 Cautions by courts

(1) A child may be given a caution by a court if--

(a) the offence is one for which a caution may be given under Division 1 or is a graffiti offence, and

(b) the child admits the offence.

(1A) If a court gives a caution under this section, the court must dismiss the proceedings for the offence in respect of which the caution is given.

(1B) A court giving a caution may--

(a) allow any victim of the offence concerned to prepare a written statement that describes the harm occasioned to the victim by the offence, and

(b) if it considers it appropriate to do so, may permit all or part of the statement to be read to the child when giving the caution.

(1C) The regulations may make provision for or with respect to the content and form of written statements under subsection (1B).

(2) This Part (other than this section and sections 32 and 33) does not apply to a caution given by a court.

(3) Nothing in this Part affects the power of a court to give a caution under section 33 of the Children (Criminal Proceedings) Act 1987 .

(4) A court that gives a caution under this section must notify, in writing, the Area Commander of the local police area in which the offence occurred of its decision to give the caution and must include the reasons why the caution was given.

(5) Despite any other provision of this section, a court may not give a caution to a child in relation to an offence if the child has been dealt with by caution on 3 or more occasions--

(a) whether by or at the request of a police officer or specialist youth officer under section 29 or by a court under this section, and

(b) whether for offences of the same or of a different kind.