YOUTH JUSTICE ACT 1992 - SECT 24A
Childrens Court may dismiss charge if offence should have been referred to restorative justice process
YOUTH JUSTICE ACT 1992 - SECT 24A
Childrens Court may dismiss charge if offence should have been referred to restorative justice process
24A Childrens Court may dismiss charge if offence should have been referred to
restorative justice process
(1) If a child pleads guilty before a Childrens Court to a charge made against
the child by a police officer, the court may dismiss the charge instead of
accepting the plea of guilty if—
(a) application is made for the dismissal
by or on behalf of the child; and
(b) the court is satisfied the offence
should have been referred to the chief executive for a restorative justice
process under section 22, regardless of whether or not the child admitted
committing the offence to the police officer.
(1A) In deciding the
application, the Childrens Court may have regard to—
(a) any cautions
administered to the child for any offence; and
(b) whether any previous
restorative justice agreements have been made by the child.
(2) If the court
dismisses the charge, the court may refer the offence to the chief executive
for a restorative justice process.
(3) However, the dismissal of the charge
does not prevent a police officer restarting a proceeding against the child
for the offence or a court sentencing the child for the offence if—
(a) the
chief executive returns the referral under section 32(1) ; or
(b) the child
fails to comply with a restorative justice agreement made as a consequence of
the referral.
(4) For part 3 , the police officer is taken to be the
referring authority for a referral made under subsection (2) .
(a) make an order of dismissal under the Justices Act 1886, section 149and give the child a certificate of the dismissal; or
(b) give
the child a certificate of dismissal under the Criminal Code , section 700 ;
the court must not give the child the certificate until the child discharges
his or her obligations under a restorative justice agreement made as a
consequence of the referral.