New South Wales Consolidated Acts

YOUNG OFFENDERS ACT 1997 - SECT 44

44 Right not to proceed

(1) A child may, at any time before a conference is held, decide not to proceed with the conference and elect that the matter be dealt with by a court.

(2) A specialist youth officer who refers a matter for a conference may, at any time before the conference is held, determine--

(a) that it is not in the interests of justice for a matter to be dealt with by a conference and refer the matter to the investigating official or other appropriate authority for the commencement of proceedings, or

(b) that the matter need not be dealt with by holding a conference and arrange for a caution to be given under Part 4.

(3) The Director of Public Prosecutions or a court may, at any time before a conference is held in relation to a matter referred by the Director or court, determine that the matter should not be dealt with by way of a conference.

(4) A specialist youth officer, the Director of Public Prosecutions or a court must give written notice to the child of a determination made by the officer, Director or court under this section.

(5) Despite any other provision of this section, a child may not be referred for a caution in relation to an offence if the child has been dealt with by caution on 3 or more occasions--

(a) whether by or at the request of a police officer or specialist youth officer under section 29 or by a court under section 31, and

(b) whether for offences of the same or of a different kind.