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YOUTH JUSTICE ACT 1992 - SECT 164
Court diversion referrals
164 Court diversion referrals
(1) This section applies if the court makes a court diversion referral.
(2)
The making of the referral brings the court proceeding for the offence to an
end and the child is not liable to be further prosecuted for the offence
unless— (a) the chief executive returns the referral under section 32 (1) ;
or
(b) the chief executive advises the court’s proper officer that the
child failed to comply with a restorative justice agreement made as a
consequence of the referral.
(3) If subsection (2) (a) applies— (a) the
court’s proper officer must bring the charge for the offence back on before
the court for sentencing; and
(b) in sentencing the child, the court must not
have regard to the referral being returned.
(4) If subsection (2) (b)
applies, the court’s proper officer must bring the charge for the offence
back on before the court for sentencing and the court must either— (a) take
no further action; or
(b) allow the child a further opportunity to comply
with the agreement; or
(c) sentence the child for the offence.
(5) If the
charge for the offence is brought back on before the court for sentencing, the
court’s proper officer must give the child and the chief executive notice
that the proceeding for the offence is to be heard by the court on a stated
day.
(6) The notice must include a warning that, if the child fails to appear
before the court in compliance with the notice, the court may issue a warrant
for the child’s arrest.
(7) The notice restarts the proceeding from when it
ended and the child is liable to be sentenced for the offence.
(8) If the
child fails to appear before the court in compliance with the notice, the
court may issue a warrant for the child’s arrest.
(9) If subsection (4) (a)
applies, the court proceeding for the offence is brought to an end and the
child is not liable to be further prosecuted for the offence.
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