Northern Territory Consolidated Acts

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YOUTH JUSTICE ACT 2005 - SECT 39

Diversion of youth

    (1)     This section applies if a police officer believes on reasonable grounds that:

        (a)     a person has committed an offence; and

        (b)     the person is a youth or was a youth when the offence was committed.

    (2)     The officer must, instead of charging the youth with the offence, do one or more of the following as the officer considers appropriate:

        (a)     give the youth a verbal warning;

        (b)     give the youth a written warning;

        (c)     cause a Youth Justice Conference involving the youth to be convened;

        (d)     refer the youth to a diversion program.

    (3)     Subsection (2) does not apply if:

        (a)     the youth's whereabouts is unknown; or

        (b)     the alleged offence is a prescribed offence; or

        (d)     the youth has some other history that makes diversion an unsuitable option (including a history of previous diversion or previous convictions).

    (4)     However, the Commissioner of Police (or the Commissioner's delegate) may authorise or require a police officer to deal with a youth by Youth Justice Conference or by referring the youth to a diversion program despite the fact that the case is covered by subsection (3).

    (6)     This section does not prevent the diversion of a youth in relation to an offence with which the youth has been charged.



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