Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:2_32a
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 2 cl 32A
Character Range: 15934–17016

32A  At the end of section 104.28 of the Criminal Code
Add:

Young person's right to legal representation
 (4) If an issuing court is satisfied, in proceedings relating to a control order, that:
 (a) the person to whom the control order relates, or the person in relation to whom the control order is requested, is at least 14 but under 18; and
 (b) the person does not have a lawyer acting in relation to the proceedings;
the court must appoint a lawyer to act for the person in relation to the proceedings.
 (5) However, the issuing court is not required to appoint a lawyer if:
 (a) the proceedings are ex parte proceedings relating to a request for an interim control order; or
 (b) the person refused a lawyer previously appointed under subsection (4) during proceedings relating to:
 (i) the control order; or
 (ii) if the control order is a confirmed control order—the interim control order that was confirmed.
 (6) The regulations may provide in relation to the appointing of lawyers under subsection (4) (including in relation to lawyers appointed under that subsection).