YOUNG OFFENDERS ACT 1993 - SECT 12
YOUNG OFFENDERS ACT 1993 - SECT 12
12—Powers of family conference
(1) A
family conference has the following powers:
(a) the
conference may administer a formal caution against further offending;
(b) the
conference may require the youth to enter into an undertaking to pay
compensation to the victim of the offence;
(ba) the
conference may require the youth to enter into an undertaking to pay
compensation to a person who has suffered loss or damage as a result of the
offence;
(c) the
conference may require the youth to enter into an undertaking to carry out a
specified period (not exceeding 300 hours) of community service;
(d) the
conference may require the youth to enter into an undertaking to apologise to
the victim of the offence;
(e) the
conference may require the youth to enter into an undertaking to apologise to
a person who has suffered loss or damage as a result of the offence;
(f) the
conference may require the youth to do anything else that may be appropriate
in the circumstances of the case.
(2) In exercising
powers under this section, the family conference must have regard to sentences
imposed for comparable offences by the Court.
(3) If a formal
caution is administered, the caution must be put in writing and acknowledged
in writing by the youth.
(4) An undertaking
will have a maximum duration of 12 months.
(5) If a youth enters
into an undertaking to pay compensation, a copy of the undertaking must be
filed with the Registrar and payments of compensation must be made to the
Registrar who will disburse the compensation to the victims or persons who
have suffered loss or damage named in the undertaking.
(6) If a youth enters
into an undertaking to carry out community service, a copy of the undertaking
must be filed with the Registrar.
(7) If a youth enters
into an undertaking under this section to apologise to the victim of the
offence or the person suffering loss or damage, the apology must be made in
the presence of an adult person approved by the family conference or a
Youth Justice Co-ordinator.
(8) If a youth—
(a)
fails to attend at the time appointed for a family conference; or
(b) does
not comply with a requirement of the family conference; or
(c) does
not comply with an undertaking under this section,
a police officer may lay a charge before the Court for the offence in relation
to which the conference was convened.
(9) A charge may be
laid under subsection (8) even though a period of limitation relating to
the commencement of proceeding for the relevant offence has expired, but the
charge must be laid not more than 12 months after the expiration of that
period of limitation.
(10) If—
(a) a
youth is cautioned, and no further requirements are made of the youth, under
this section; or
(b) all
requirements made of the youth under this section (including obligations
arising from an undertaking given by the youth) are complied with,
the youth is not liable to be prosecuted for the offence.
(11) If a
family conference deals with an offence under this Division (other than an
offence described in subsection (12)), the Youth Justice Co-ordinator
must—
(a) ask
the victim of the offence whether he or she wishes to be informed of the
identity of the offender and how the offence has been dealt with; and
(b) if
the victim indicates that he or she does wish to have that
information—give the victim that information.
(12) If a
family conference deals with an offence (as a result of which a person has
suffered loss or damage) under this Division, the Youth Justice Co-ordinator
must—
(a) ask
the person whether they wish to be informed of the identity of the offender
and how the offence has been dealt with; and
(b) if
the person indicates that they do wish to have that information—give
that information accordingly.