Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 21

21 Childrens Court may dismiss charge if caution should have been administered or no action taken

(1) If a child pleads guilty before a Childrens Court to a charge made against the child by a police officer, the court may dismiss the charge instead of accepting the plea of guilty if—

(a) application is made for the dismissal by or on behalf of the child; and

(b) the court is satisfied that the child should have been cautioned instead of being charged or no action should have been taken against the child.

(2) In deciding the application, the Childrens Court may have regard to—

(a) any other cautions administered to the child for any offence; and

(b) whether any previous conference agreements have been made by the child.

(3) If the court dismisses a charge under subsection (1) because the child should have been cautioned, the court may—

(a) administer a caution to the child; or

(b) direct a police officer to administer a caution to the child as directed by the court.

(4) The caution is not part of the child’s criminal history.