CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 354 Hearing of adjourned case

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 354

    (1)     If criminal proceedings are adjourned under section 352 and the therapeutic treatment order is revoked, the Court may, on the application of the Secretary, re-list the adjourned case at short notice if the Court considers it appropriate to do so.

    (2)     Notice of an application under subsection (1) must be given to—

        (a)     the Court; and

        (b)     the prosecutor; and

        (c)     the child.

    (3)     On the adjourned hearing date, the Court must consider—

        (a)     the report of the Secretary under section 353; and

        (b)     submissions made by or on behalf of the child and the prosecutor in relation to the matters in the report.

    (4)     If the Court is satisfied that the child has attended and participated in the therapeutic treatment program under the therapeutic treatment order, it must discharge the child without any further hearing of the criminal proceedings.

S. 354(4A) inserted by No. 61/2014 s. 140.

    (4A)     For the purposes of subsection (4), the Court must have regard to the following—

        (a)     the child's attendance record;

        (b)     the nature and extent of the child's participation;

        (c)     whether or not the child's participation was to the satisfaction of the therapeutic treatment provider;

        (d)     the opinion of the therapeutic treatment provider as to the effectiveness of the treatment.

    (5)     If the child is not discharged under subsection (4), the Court may determine what (if any) further proceedings in the Criminal Division in respect of the child are appropriate.

S. 354A inserted by No. 61/2014 s. 141.