YOUNG OFFENDERS ACT 1997 - SECT 41
Conference administrator may refer matters to DPP
YOUNG OFFENDERS ACT 1997 - SECT 41
Conference administrator may refer matters to DPP
41 Conference administrator may refer matters to DPP
(1) Unless it is impracticable to do so, a conference administrator must, on
referral of a matter by a specialist youth officer for a conference under this
Part, consult with both the specialist youth officer and the investigating
official as to whether the matter should be dealt with by holding a conference
if of the opinion that the matter should not be so dealt with, having regard
to the following matters--
(a) the seriousness of the offence,
(b) the degree
of violence involved in the offence,
(c) the harm caused to any victim,
(d)
the number and nature of any offences committed by the child and the number of
times the child has been dealt with under this Act.
(2) If the conference
administrator, specialist youth officer and investigating official, after
consultation, fail to agree as to how a matter should be dealt with, the
conference administrator must refer it to the Director of Public Prosecutions.
(3) On referral of a matter, the Director of Public Prosecutions must, having
regard to the matters set out in section 40 (5), determine whether the matter
should be dealt with by giving a caution, by holding a conference or by
commencing proceedings.
(4) The Director of Public Prosecutions must, not
later than 14 days after receiving a referral under this section, determine
whether or not the child concerned is entitled to have the matter dealt with
by holding a conference.
(5) The Director of Public Prosecutions must notify
the conference administrator of the Director's determination.
(6) If the
conference administrator, specialist youth officer and investigating official
agree, or the Director of Public Prosecutions determines, that a matter should
be dealt with by giving a caution, the conference administrator must refer the
matter to a person authorised for the purposes of section 27 for a caution to
be given under Part 4.
(7) If the conference administrator, specialist youth
officer and investigating official agree, or the Director of Public
Prosecutions determines, that a matter should be dealt with by holding a
conference, the conference administrator must appoint a conference convenor
for the conference.
(8) If the conference administrator, specialist youth
officer and investigating official agree, or the Director of Public
Prosecutions determines, that proceedings should be commenced, the conference
administrator must refer the matter back to the specialist youth officer or
other appropriate authority for the commencement of proceedings.
(9) Despite
any other provision of this section, a child may not be referred for a caution
in relation to an offence if the child has been dealt with by caution on 3 or
more occasions--
(a) whether by or at the request of a police officer or
specialist youth officer under section 29 or by a court under section 31, and
(b) whether for offences of the same or of a different kind.