Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A matter cannot be
referred to a juvenile justice team if the offence is a Schedule 1
offence or a Schedule 2 offence.
(2) If an offence is
one for which an infringement notice can be given, the giving of an
infringement notice for the offence is to be preferred to referring the matter
to a juvenile justice team unless there are circumstances that make the giving
of an infringement notice inappropriate.
(3) In
subsection (2), infringement notice means a notice issued to a person
under a written law in respect of an offence that is alleged to have been
committed offering the alleged offender an opportunity, by paying an amount as
specified in the notice, to have the matter dealt with out of court.
(4) A matter can only
be referred to a juvenile justice team if the alleged offender accepts
responsibility for the act or omission constituting the offence, and agrees to
having the matter dealt with by a juvenile justice team rather than by a
court, but if the juvenile justice team cannot agree on how to deal with the
young offender or for some reason refers the young offender to the court then
such acceptance is not to be construed as an admission that the offence was
committed or a plea of guilty, or otherwise used in evidence against the
offender.
(5) A matter cannot be
referred to a juvenile justice team if any one potential participant in the
particular proceedings of the team does not agree to having the matter dealt
with by a juvenile justice team.
[Section 25 amended by No. 58 of 2004
s. 12.]