s44 Where Samoan or English is not spoken by the Young Person an interpreter in

S44 where samoan or english is not spoken by the

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-s4(4) Where Samoan or English is not spoken by the Young Person an interpreterin the language spoken by the offender will, where practicable, be provided.The Constitution of the Independent Stateof Western Samoa Act 1960 –-s9(4)(e) right to free assistance of an interpreter 9(13): Law requires that childrendetained in police custody have the right to challenge their detention before a competent authority.YesThe Constitution of the Independent Stateof Western Samoa Act 1960 – -s6(2) complaints re lawfulness of detention can be made to the Supreme CourtNot child specific9(14): Children are guaranteed the right to have the matter determined by a competent authority without delayYesYoung Offenders Act 2007 - -s6(2) Where a Young Person pleads not guilty to any charge, the Court shall conduct a defended hearing as soon as practicable.-s6(3) The Court may dismiss any charge ifthe Judge is satisfied that the time that has elapsed between the date of the commission of the offence and the hearing has been unreasonably delayed.The Constitution of the Independent Stateof Western Samoa Act 1960 –-s9 … every person is entitled to a fair and public hearing within a reasonable time byan independent and impartial tribunal established under the law…9(15): The law gives police, prosecutors and judges a broad YesYoung Offenders Act 2007 - -s17 Powers of police to issue warnings.Under Section 20 of theYoung Offenders Act 2007,114
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discretion to resolve child cases through diversion and these diversionary procedures are specified where appropriate (e.g. mediation, community conferencing).-s6(4) Where a Young Person admits any charge, the Court must direct the Probation Service to arrange a pre-sentence meeting.-s18 [Sets out procedure for ‘formal police warning’]-s11. Pre-sentence meetings to take place where Court directs -12. Purpose of pre-sentence meetings-(1) Any pre-sentence meeting must: (a) discuss the circumstances of the offending; and (b) seek the views of thosein attendance; and (c) consider whether a reconciliation or other outcome may be arrived at by the parties affected. (2) In this section, an outcome may include payment to any victims for reparation, property loss, medical expenses incurred or any other reasonable loss suffered by the victim as a result of the Young Person’s actions.Community Justice Act 2008-s11 allows for diversion by the Court.the Commissioner of Policemay, by written notice within12months,cancelthewarning or formal policewarning,whereupontheYoung Person may be chargedwith the offence for which thewarning or formal policewarning was given.9(16): The law requires the consent of the child and/or the child’s parents for diversion procedures to be applied.PartlyCommunity Justice Act 2008 – -11(3) The diversion agreement will be signed by the probation officer and the person charged.
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  • Fall '19
  • The Land, Supreme Court of the United States, Foster care, Child protection, Samoa, The Court

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