(1) Subject to subsection (2), the Youth Justice Court may, at any stage of the proceedings against a youth in respect of an offence, dismiss the charge in respect of the offence, whether or not the Court finds the charge proven against the youth.
(2) The Youth Justice Court must not dismiss a charge for an offence if a youth was included in a diversion program mentioned in section 39(2)(d) or involved in a Youth Justice Conference in respect of the offence but did not successfully complete the program or Conference.