Queensland Consolidated Acts

JUVENILE JUSTICE ACT 1992 - SECT 22

(1) A police officer may refer an offence, for a conference, to a coordinator, instead of bringing the child before a court for the offence, if--

(a) the child admits committing the offence to the police officer; and

(b) having regard to the matters in section 30(5), the police officer considers--

(i) a caution is inappropriate; and

(ii) a proceeding for the offence would be appropriate if a reference were not made; and

(iii) the referral is a more appropriate way of dealing with the offence than starting a proceeding; and

(iv) a convenor will be available for the conference.

(2) The police officer may require the child to attend the conference as directed by the police officer.

(3) In any of the circumstances mentioned in subsection (4) or (5), a coordinator may refer the offence back to the police officer by written notice given to the police officer.

(4) One circumstance is that a convenor will not be available for the conference.

(5) Other circumstances are as follows--

(a) the convenor is unable to contact the child after reasonable inquiries;

(b) the convenor has made reasonable requirements of the child to attend a preconference interview and the child has failed to attend as required;

(c) the convenor considers it necessary for a victim to participate and the victim does not wish to participate or the convenor can not locate the victim after reasonable inquiries;

(d) during the preparation for the conference meeting, the child denies committing the offence to the convenor;

(e) during the preparation for the conference meeting, the convenor comes to the conclusion that an appropriate conference agreement is unlikely to be made within a time the convenor considers appropriate;

(f) the convenor ends the conference under section 35(5);

(g) the conference ends without an agreement being made.

(6) A notice given by the coordinator under subsection (3) must state the reasons for referring the offence back to the police officer.

(7) The reasons stated in the notice may be considered by a court in any later proceeding for the sentencing of the child for the relevant offence.

(8) The police officer must take reasonable steps to inform the child that the police officer has received the notice.