CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 290 Overlapping behaviour breaches and criminal offences
CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 290
Overlapping behaviour breaches and criminal offences(1) This section applies if a young detainee engages, or is alleged to have engaged, in conduct that is both—
(a) a behaviour breach; and
(b) an offence (a criminal offence ) against this Act or another territory law.
(2) The young detainee must not be prosecuted for the criminal offence if a behaviour management consequence has been imposed on the young detainee under part 8.3 or part 8.4 because of the behaviour breach.
(3) The young detainee must not be charged with the behaviour breach under section 296, or the charge must not be continued with under this chapter, if a prosecution for the criminal offence has been started in a court.
(4) Disciplinary action for the behaviour breach must not be taken against the young detainee if a court has convicted the young detainee, or the young detainee has been found guilty, of the criminal offence.
Note For the kinds of disciplinary action that may be
taken, see s 317.