CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 354A Powers of Court in criminal proceedings if child accused voluntarily participates in therapeutic treatment program

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 354A

    (1)     This section applies if—

S. 354A(1)(a) amended by No. 33/2018 s. 13.

        (a)     a child appears as an accused in a criminal proceeding in the Court; and

        (b)     the Court has not yet made a finding in the criminal proceeding; and

        (c)     the Court is satisfied that the child has exhibited sexually abusive behaviours that would justify referring the matter to the Secretary under section 349(2); and

        (d)     the Court is satisfied that the child has attended and participated, is attending and participating or will attend and participate voluntarily in an appropriate therapeutic treatment program.

    (2)     The Court may—

        (a)     adjourn the criminal proceeding for a period not less than the period of the therapeutic treatment program; and

        (b)     re-list the adjourned case at short notice.

    (3)     On the adjourned hearing date, if the Court is satisfied that the child has voluntarily attended and participated in an appropriate therapeutic treatment program, it must discharge the child without any further hearing of the criminal proceeding.

    (4)     For the purposes of subsection (3), 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 (3), the Court may determine what (if any) further proceedings in the Criminal Division in respect of the child are appropriate.