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YOUTH JUSTICE ACT 1992 - SECT 32
Returning referrals
32 Returning referrals
(1) The chief executive may, by written notice given to the referring
authority, return the referral if— (a) the chief executive is unable to
contact the child after reasonable inquiries; or
(b) the chief executive has
made reasonable requirements of the child to attend an interview about the
process and the child has failed to attend as required; or
(c) the chief
executive considers it necessary for a victim of the offence to participate
and the victim does not wish to participate or can not be located after
reasonable inquiries; or
(d) during the restorative justice process the child
denies committing the offence to the chief executive, a convenor or victim of
the offence; or
(e) the chief executive is satisfied that an appropriate
restorative justice agreement is unlikely to be made within a time the chief
executive considers appropriate; or
(f) the chief executive considers that
the referral is unsuitable for a restorative justice process; or
(g) a
conference is convened for the referral and the convenor ends the conference
without an agreement being made.
(2) The notice must state the reasons for
returning the referral, and the reasons may be considered by a court in any
later proceeding for sentencing the child for the offence.
(3) The referring
authority must make reasonable efforts to inform the child that the referral
has been returned.
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