Legislative Council: Tuesday, September 06, 2022


Youth Detention

In reply to the Hon. T.A. FRANKS ().19 May 2022).

The Hon. K.J. MAHER (Attorney-General, Minister for Aboriginal Affairs, Minister for Industrial Relations and Public Sector): The Minister for Police, Emergency Services and Correctional Services has advised:

It is normal process for members of SAPOL to read arrest rights to an arrested person in accordance with section 79A, Summary Offences Act 1953. Further to that, section 14 of the Young Offenders Act 1993 requires further advice to be provided to young people whom are arrested.

In particular section 14 (2) (c) requires members of SAPOL to take all reasonable steps to inform a guardian of the youth; or if not available an adult person nominated by the youth who has a close association with the youth or has been counselling, advising or aiding the youth, of the arrest and invite him or her to be present during any interrogation or investigation to which the youth is subjected to while in custody.

Once the advice vide section 79A, Summary Offences Act 1953 and section 14 of the Young Offenders Act 1993 has been provided, it is a matter for the young person and/or their parent or guardian to decide if legal representation is required.

SAPOL does not hold data on the number of young people who have elected to proceed to be interviewed without legal representation.