146
CurrentParticipation does not rebut presumption
Chapter 4Diverting children from the justice system
Part 4.6Effect of youth warnings, youth cautions and early diversion group conferences
146 Participation does not rebut presumption
(1)
The fact that a child under 14 years of age participates in an early diversion group conference does not rebut the presumption that a child who is under 14 years of age cannot commit an offence.
(2)
Despite anything to the contrary in this Part, evidence referred to in sections 142, 143 and 144 is inadmissible in a proceeding against a child to determine whether the presumption that the child cannot commit an offence is rebutted.
Note
It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11.
This Act’s bill:Explanatory memorandumSecond reading speech
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