Police officer to consider alternatives to proceeding against child
11 Police officer to consider alternatives to proceeding against child
Unless otherwise provided under this division, a police officer, before starting a proceeding against a child for an offence other than a serious offence, must first consider whether in all the circumstances it would be more appropriate to do 1 of the following—
to take no action;
to administer a caution to the child;
to refer the offence to the chief executive for a restorative justice process;
if the offence is a minor drugs offence and the child may be offered a drug diversion warning or the opportunity to participate in a drug diversion assessment program under the Police Powers and Responsibilities Act 2000, chapter 14, part 4, division 5—to offer the child the warning or opportunity in accordance with that division;
if the offence is a graffiti offence and the child may be offered an opportunity to attend a graffiti removal program under the Police Powers and Responsibilities Act 2000, section 379A—to offer the child that opportunity in accordance with that section.
Note—
Because of section 134, a police officer must consider offering the same opportunities for diversion from the court system as apply to a child to a person who committed an offence as a child but is now an adult.
The circumstances to which the police officer must have regard include—
the circumstances of the alleged offence; and
the child’s criminal history and, if the child has been in any other way dealt with for an offence under any Act, the other dealings.
If necessary, the police officer must delay starting the proceeding in order to comply with a requirement under subsection (1) or (2).
If, on complying with subsections (1) and (2), the police officer considers it would be more appropriate to act as mentioned in subsection (1)(a), (b), (c), (d) or (e), then the police officer must do so.
If, on complying with subsections (1) and (2), the police officer considers it would not be more appropriate to act as mentioned in subsection (1)(a), (b), (c), (d) or (e), the police officer may start a proceeding against the child for the offence.
The police officer may take the action mentioned in subsection (1)(a), (b), (c) or (e) even though—
action of that kind has been taken in relation to the child on a previous occasion; or
a proceeding against the child for another offence has already been started or has ended.
Subsection (1) does not prevent a police officer from taking the action mentioned in subsection (1)(a) to (c) for a serious offence.
If the police officer decides to act as mentioned in subsection (1)(a) or (b) in relation to a minor drugs offence, the minor drugs matter the subject of the minor drugs offence is forfeited to the State.
Note—
The Police Powers and Responsibilities Act 2000, chapter 14, part 4, division 5 provides for forfeiting a minor drugs matter on agreeing to an offer under that division.
In this section—
minor drugs matter see the Police Powers and Responsibilities Act 2000, schedule 6.
minor drugs offence see the Police Powers and Responsibilities Act 2000, section 378B.
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