The Legal Aid Youth Hotline is a legal advice line which has been set up by NSW Legal Aid. Staffed by qualified, experienced criminal lawyers, with expertise in juvenile justice and the Young Offenders Act, we are available to provide advice to all young people who have committed, or are suspected of committing, a criminal offence. Under the Young Offenders Act, young people have the right to this advice before they make an admission or a statement to the police.

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The Young Offenders Act, 1977 is a system of warnings, cautions and conferences for young people whom the police suspect have committed an offence. These are called 'court-diversionary programs' which means that young people who can be dealt with under the Young Offenders Act, may not have to go to court for their offence.


Young People's options under the Young Offenders Act
A warning can be given to young people for minor summary offences with no violence or related issues. It can be given on the spot by police officers and the young person's name can be recorded.

A caution is a formal warning, where the details of the young person are recorded. This is given for more serious offences. The young person has to admit to the offence and has to agree to be dealt with by a caution, but before they admit to the offence or agree to a caution they are entitled to receive legal advice.

A Youth Justice Conference can be appropriate where the offence is serious and where a victim has suffered harm at the hands of the young person. The decision to have a conference can be made by the Department of Public Prosecutions, a court, a Juvenile Justice Conference Administrator or a Police Specialist Youth Officer. Police will inform young people if they can be dealt with by way of a conference. As with a caution, the young person must first admit to the offence, and then attend a conference with the victim of their crime. The young person and the victim must agree to an outcome plan to rectify or compensate for the harm suffered by the victim.

Young people do not have to agree to be interviewed or discuss their case with police until they have spoken with a lawyer.

Young people have a right to remain silent.

Some other sites to get more info:
Lawstuff
NSW Police Service
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