CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 81 Limitations in respect of criminal proceedings against young people

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 81

(1)     A police officer may not institute a prosecution against a young person for an offence unless an authorised officer, being an officer not otherwise involved in the investigation of the alleged offence, has consented in writing to the institution of the prosecution and the consent has not been revoked.

(2)     Subsection (1) does not affect a requirement under another law to get consent to a prosecution.

(3)     In deciding whether he or she should consent to the prosecution of a young person, an authorised officer must have regard to such matters as seem to the officer to be relevant and, in particular, to each of the following:

        (a)     the seriousness of the offence;

        (b)     the evidence available as to the commission of the offence;

        (c)     the circumstances in which the offence is alleged to have been committed;

        (d)     whether the young person has previously been found guilty or convicted of an offence, whether against a law in force in the Territory or elsewhere, and the seriousness of that offence;

        (e)     whether a warning has been given to the young person in the Territory by a police officer;

        (f)     the age of the young person;

        (g)     the apparent maturity of the young person;

        (h)     the apparent mental capacity of the young person;

              (i)     any apparent mental dysfunction or mental illness of the young person and whether, as a consequence, it would be appropriate to refer the young person to the Mental Health Tribunal;

        (j)     whether the people with parental responsibility for the young person appear able and prepared to exercise effective discipline and control over the young person;

        (k)     whether it would be sufficient to warn the young person, at a police station, at home or otherwise, against the commission of the same or similar offences;

        (l)     the prevalence of the same or similar offences;

        (m)     whether the prosecution would be likely to be harmful to the young person, or to be inappropriate, having regard to the personality of the young person, the circumstances of living of the young person or any other circumstances that the authorised officer considers should be taken into account.

(4)     The authorised officer may only consent to a prosecution if satisfied, after having considered the matters mentioned in subsection (3), that a prosecution is justified.

(5)     If the prosecution of the offence requires the consent of a person under another law, the authorised officer must—

        (a)     make a recommendation with respect to the prosecution, having regard to the matters mentioned in subsection (3); and

        (b)     forward his or her recommendation, together with the papers and other relevant material, to the person whose consent is required under the other law.

(6)     If an authorised officer consents to the prosecution of a young person whom the authorised officer knows or believes has not previously been convicted of an offence, whether against a law in force in the Territory or elsewhere, the authorised officer must record in writing his or her reasons for giving consent.

(7)     If a young person is under restraint, an authorised officer must, as soon as practicable, decide whether he or she will consent to a prosecution of the young person and, if the authorised officer does not consent, the young person must be released promptly.

(8)     A police officer may institute a prosecution against a young person without the consent of an authorised officer if—

        (a)     the young person is licensed to drive a motor vehicle; and

        (b)     the police officer reasonably believes that the young person has committed an offence arising out of the use of a motor vehicle.