❓ Question regarding the procedure for questioning juveniles by police, and whether a responsible adult must be present during interviews. The answer references the Young Offenders Act 1994.
AnsweredQoN 696Legislative Council
QuestionView source ↗
POLICE — JUVENILES — INTERVIEWS
696. Hon PETER COLLIER to the minister representing the
Minister for Police:
(1) What is the
procedure for questioning juveniles, whether they be accused or witnesses?
(2) Is it
permitted for police to interview a juvenile without a responsible parent or
adult being present?
696. Hon PETER COLLIER to the minister representing the
Minister for Police:
(1) What is the
procedure for questioning juveniles, whether they be accused or witnesses?
(2) Is it
permitted for police to interview a juvenile without a responsible parent or
adult being present?
AnswerView source ↗
I thank the honourable member for
some notice of the question. The following answer has been provided on behalf
of the Minister for Police.
(1) The Young Offenders Act 1994 in Western Australia
outlines various provisions relating to the questioning of juveniles, including both accused and witness
juveniles. Specifically, part 4, section 20 of the act, titled ''Responsible
adult to be notified'', covers the procedure for questioning juveniles
who have been apprehended for the commission of an offence. It stipulates that
a member of the Western Australia Police Force
is to ensure that a responsible adult has received notice of the intention to
interview the young person.
(2) Section
20(2), of the act states that section 20(1) does not apply to questions that a member
of the police force is expressly authorised to ask by any other written law.
The act provides provisions for police interviews with juveniles without a responsible
adult present in exceptional circumstances. According to this section, if
immediate action is necessary to protect the safety of a person or prevent the
destruction of evidence, the police may
conduct an interview with a juvenile without a responsible adult. However, the police must document the reasons for proceeding without a responsible adult and
take measures to ensure the welfare of the juvenile is protected.
some notice of the question. The following answer has been provided on behalf
of the Minister for Police.
(1) The Young Offenders Act 1994 in Western Australia
outlines various provisions relating to the questioning of juveniles, including both accused and witness
juveniles. Specifically, part 4, section 20 of the act, titled ''Responsible
adult to be notified'', covers the procedure for questioning juveniles
who have been apprehended for the commission of an offence. It stipulates that
a member of the Western Australia Police Force
is to ensure that a responsible adult has received notice of the intention to
interview the young person.
(2) Section
20(2), of the act states that section 20(1) does not apply to questions that a member
of the police force is expressly authorised to ask by any other written law.
The act provides provisions for police interviews with juveniles without a responsible
adult present in exceptional circumstances. According to this section, if
immediate action is necessary to protect the safety of a person or prevent the
destruction of evidence, the police may
conduct an interview with a juvenile without a responsible adult. However, the police must document the reasons for proceeding without a responsible adult and
take measures to ensure the welfare of the juvenile is protected.
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