Youth Justice Act 2024

Subject to this Part, at any time before taking a formal plea from a child in a criminal proceeding for an offence, the Children's Court may adjourn the proceeding to enable the child to participate in and complete a diversion program.

The Children's Court may adjourn a proceeding under subsection (1)—

on application by the child or the prosecutor; or

on its own motion.

A proceeding may be adjourned under subsection (1)—

for less than one day; or

for any other period not exceeding 4 months.

The Children's Court may refuse to accept a plea of guilty from a child in a criminal proceeding for an offence, or may allow the child to withdraw such a plea, if—

there has been no application for an adjournment under subsection (1); and

the Court considers it necessary to consider the appropriateness of diversion; and

the Court has not heard any evidence in the proceeding; and

in the case of the withdrawal of a plea, the Court is satisfied that the prosecutor does not object to diversion.

Despite anything to the contrary in subsection (1), the Children's Court may not adjourn a proceeding for the purpose of the child completing a diversion program if—

the prosecutor does not consent to the adjournment; or

the child does not consent to the adjournment in accordance with section 194.

As far as practicable, the Children's Court must consider the following matters when determining whether to grant an adjournment under subsection (1)—

the seriousness and the nature of the offending;

the seriousness and the nature of any previous offending;

the impact on the victim (if any);

the interests of justice and any other matter the Court considers appropriate.

In considering the matters in subsection (6), the Children's Court may inform itself in any way it considers appropriate.

If the Children's Court allows a child to withdraw a plea of guilty, the withdrawal of the plea—

is inadmissible as evidence in a proceeding for the offence; and

does not constitute a plea.