No further action or criminal proceeding to be taken
140 No further action or criminal proceeding to be taken
If a youth warning or youth caution is given to a child for an alleged offence, or an early diversion outcome plan is finalised for a child or completed by a child (as the case requires) in respect of an alleged offence—
any charge against the child for that alleged offence must be withdrawn; and
subject to section 141, any proceeding commenced against the child for that alleged offence must be discontinued; and
despite section 177(7) of the Criminal Procedure Act 2009, no proceeding may be commenced against the child for that offence or any other offence arising out of substantially the same circumstances.
Note
Section 177 of the Criminal Procedure Act 2009 provides for the DPP to discontinue a prosecution without adjudication. Section 177(7) of that Act provides that an accused may be indicted on a charge in respect of which an earlier prosecution has been discontinued.
For the purposes of subsection (1), an early diversion outcome plan must be—
in the case of a child referred to an early diversion group conference by a police officer, finalised by the convenor of the early diversion group conference; or
in the case of a child referred to an early diversion group conference by the Children's Court, completed by the child to the satisfaction of the Court.
Note
See also sections 464O, 464ZG and 464ZGE of the Crimes Act 1958 in relation to the destruction of fingerprints, DNA profile samples or related material and information after the giving of a youth warning or youth caution or the finalisation of an early diversion outcome plan.
This Act’s bill:Explanatory memorandumSecond reading speech
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