YOUNG OFFENDERS ACT 1994 - SECT 32
YOUNG OFFENDERS ACT 1994 - SECT 32
32 . Powers of juvenile justice team
(1) A juvenile justice
team dealing with a young person for an offence may determine the way in which
it considers the matter should be disposed of and invite the young person to
comply with terms to be specified by the team.
(1a) The juvenile
justice team is also to give —
(a) the
responsible adult, if any, who was given notice of the matter under
section 30; and
(b) a
person referred to in section 31(1) as a victim,
notice of the
determination of the way in which it considers that the matter should be
disposed of by the team.
(2) If the young
person is not present at the proceedings and does not have a good reason for
not being present or a party withdraws his or her agreement to having the
matter dealt with by a juvenile justice team or will not agree to terms
specified by the team, the team is to send the matter back —
(a) if
the matter was referred by a person, to that person; or
(b) if
the matter was referred by the court, to the court,
with a report to that
effect.
(3) In this section
party means the young person, a responsible adult who was given notice of the
matter under section 30, or the person referred to in section 31 as a victim.
(3a) If a person
appointed under section 36 to be a Juvenile Justice Team Coordinator considers
that the presence of a party may pose a risk to the safety of another person
at the proceedings of a juvenile justice team, the Coordinator may order that
the party is not to be present at the proceedings of the team.
(4) If a young person
agrees to comply with terms specified by a juvenile justice team but the team
is not satisfied that the person has complied or is complying with those
terms, the team may —
(a)
invite the young person to comply with such further terms as it sees fit to
specify; or
(b) send
the matter back —
(i)
if the matter was referred by a person, to that person;
or
(ii)
if the matter was referred by the court, to the court,
with a report to that
effect.
(5) A juvenile justice
team cannot make an order for restitution or compensation but is to make a
record of, and may have regard to, an undertaking or agreement as to any such
matter.
(6) If a juvenile
justice team to which a matter is referred, other than by the court, considers
that —
(a) the
matter should be dealt with by giving a caution; or
(b) for
any reason, the matter should be dealt with in court,
it may send the matter
back to the person who referred the matter with a report to that effect.
(7) The powers of a
person sitting as a member of a juvenile justice team derive solely from this
Part.
[Section 32 amended: No. 58 of 2004 s. 16.]