Hearing of adjourned proceeding
189 Hearing of adjourned proceeding
The Children's Court, at short notice, may re-list a criminal proceeding adjourned under this Part for participation in a therapeutic treatment program.
On the adjourned hearing date, the Children's Court must discharge the child without any further hearing of the criminal proceeding if the Court is satisfied that the child has voluntarily attended and participated in an appropriate therapeutic treatment program.
For the purposes of subsection (2), the Children's Court must have regard to the following—
the child's attendance record;
the nature and extent of the child's participation;
whether or not the child's participation was to the satisfaction of the therapeutic treatment provider;
the opinion of the therapeutic treatment provider as to the effectiveness of the treatment.
If the child is not discharged under subsection (2), the Children's Court may determine what (if any) further proceedings in the Court in respect of the child are appropriate.
This Act’s bill:Explanatory memorandumSecond reading speech
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