YOUNG OFFENDERS ACT 1997 - SECT 8
Offences covered by Act
YOUNG OFFENDERS ACT 1997 - SECT 8
Offences covered by Act
8 Offences covered by Act
(1) The offences covered by this Act are, except as provided by this Act--
(a)
summary offences, and
(b) indictable offences that may be dealt with
summarily under Chapter 5 of the Criminal Procedure Act 1986 or another
prescribed law,
committed, or alleged to have been committed, by children.
(2) Despite subsection (1), an offence is not covered by this Act if--
(a) the
principal person who investigates the offence is not an investigating official
within the meaning of this Act, or
(b) the offence is a traffic offence
committed by a child who was, when the alleged offence occurred, old enough to
obtain a learner licence under the Road Transport Act 2013 to drive the motor
vehicle to which the offence relates, or
(c) the offence results in the death
of any person, or
(e1) the offence is an offence under Division 1 of Part 2 of the
Drug Misuse and Trafficking Act 1985 other than an offence to which
subsection (2A) applies, or
(i) an
offence under section 23 (1) (a) or (c) of that Act to which subsection (3)
applies, or
(ii) an offence under section 27 or 28 of that Act of aiding,
abetting, counselling, procuring, soliciting or inciting the commission of an
offence under section 23 (1) (a) or (c) to which subsection (3) applies, or
(g) the offence is prescribed by the regulations for the purposes of this
section.
(2A) An offence under Division 1 of Part 2 of the
Drug Misuse and Trafficking Act 1985 is covered by this Act if in the opinion
of the investigating official or prosecuting authority--
(a) in relation to an
offence relating to a prohibited drug other than cannabis leaf within the
meaning of the Drug Misuse and Trafficking Act 1985 --the offence involves
not more than the small quantity applicable to that drug under that Act, or
(b) in relation to an offence relating to cannabis leaf--
(ii) there are
exceptional circumstances in that--
(A) the offence involves more than half,
but not more than the total, small quantity of cannabis leaf within the
meaning of that Act, and
(B) it would be in the interests of rehabilitation,
and appropriate in all the circumstances, to deal with the matter under this
Act.
(3) An offence under section 23 (1) (a) or (c) of the
Drug Misuse and Trafficking Act 1985 is covered by this Act if in the opinion
of the investigating official or prosecuting authority--
(a) the offence
involves not more than half the small quantity applicable to the prohibited
plant within the meaning of the Drug Misuse and Trafficking Act 1985 , or
(b) there are exceptional circumstances in that--
(i) the offence involves
more than half, but not more than the total, small quantity applicable to the
prohibited plant within the meaning of the Drug Misuse and Trafficking Act
1985 , and
(ii) it would be in the interests of rehabilitation, and
appropriate in all the circumstances, to deal with the matter under this Act.