New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 48F

48F Summary of operation of scheme

(1) The following is a summary of the operation of the scheme:

(a) The child is charged with (or has pleaded guilty to or been found guilty of) a relevant offence. Section 48D defines the term "relevant offence" to cover the same kinds of offences as are covered by the Young Offenders Act 1997 .

(b) The Children’s Court may make a suitability assessment order under section 48G in relation to such a child if satisfied of certain matters, including that it would not be appropriate for the child to be dealt with instead under the Young Offenders Act 1997 . The consent of the child will be required if the child has not yet pleaded guilty to or been found guilty of the relevant offence.
The order operates to adjourn the criminal proceedings so that a suitability assessment can be carried out in relation to the child in accordance with the regulations.

(c) The Children’s Court may make an interim youth conduct order or a final youth conduct order in respect of the child under section 48L if satisfied of certain matters, including that the child has been assessed as being suitable for participation in the scheme following a suitability assessment.
An interim youth conduct order requires the child to participate in the preparation of a final conduct plan to be approved by the Children’s Court when it makes a final youth conduct order. Such an order may have effect for a period not exceeding 2 months. While the order is in effect, the child will be required to comply with an interim conduct plan prepared in accordance with the regulations.
A final youth conduct order, on the other hand, requires the child to comply with the final conduct plan that the child has participated in preparing. Such an order may have effect for a period not exceeding 12 months.
A conduct plan is a plan that provides for the kinds of conduct that a child must, or must not, engage in while a youth conduct order is in effect with respect to the child.
While a youth conduct order (whether interim or final) is in effect, the Children’s Court will not be required to make a finding as to a child’s guilt (if there has not yet been a finding or a guilty plea) or to consider penalties for the offence (if there has been a finding of guilt or a guilty plea). Also, the Children’s Court is taken to have dispensed with the requirement for bail for the relevant offence while the order is in effect.

(d) A child who is subject to a youth conduct order (whether interim or final) must comply with the order. Division 6 makes provision for the enforcement of youth conduct orders.
A failure to comply with a youth conduct order may result in the child being returned to the Children’s Court for the Court to deal with the child.
If a child complies with a final youth conduct order, the child’s compliance will be taken into account when dealing with the child for the relevant offence concerned.

(2) This section does not affect the meaning or interpretation of any provision of this Part that it summarises.