Section 28Part 3 — Young Persons and Offences
Cautions
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Subject to subsection (5), where a young person admits to the police to having behaved in a manner that amounts to an offence that person may be cautioned in accordance with this section instead of being charged and tried for the offence.
For the purpose of subsection (1), a caution shall take the form of a written statement that is —
read to the young person by a uniformed member of the police force of the rank of inspector or above in the presence of a parent, guardian or other person having parental responsibility for that person ; and
then signed by the young person, the police officer and the parent, guardian or other person having parental responsibility for the young person.
The statement shall contain —
details of the behaviour to which the young person admits;
details of the offence constituted by that behaviour;
a warning to the young person not to behave in that manner again;
a warning to the young person that if, while still a young person, that person is convicted of any offence the caution will be revealed to the court that convicts the young person and may be taken into account by that court when sentencing the young person for the offence; and
an acknowledgement by the young person —
that that person acted in the manner specified in the statement; and
that that person has been made aware of the results of being convicted of any subsequent offence while still a young person.
The original statement shall be retained by the police and a copy shall be retained by the young person.
If a young person who has received a caution is convicted of an offence, the caution statement signed by the young person shall be produced to the court that convicted the young person and the court may take that person's previous behaviour (as described in the statement) into account when sentencing that person for the offence.
For the purposes of this section, "young person" means a person under the age of eighteen.
Defined Terms
young person (for purposes of this section: a person under the age of eighteen)