Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 24A

24A Childrens Court may dismiss charge if offence should have been referred to restorative justice process

(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 the offence should have been referred to the chief executive for a restorative justice process under section 22 , regardless of whether or not the child admitted committing the offence to the police officer.

(1A) In deciding the application, the Childrens Court may have regard to—

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

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

(2) If the court dismisses the charge, the court may refer the offence to the chief executive for a restorative justice process.

(3) However, the dismissal of the charge does not prevent a police officer restarting a proceeding against the child for the offence or a court sentencing the child for the offence if—

(a) the chief executive returns the referral under section 32 (1) ; or

(b) the child fails to comply with a restorative justice agreement made as a consequence of the referral.

(4) For part 3 , the police officer is taken to be the referring authority for a referral made under subsection (2) .

(5) If the court decides to—

(a) make an order of dismissal under the Justices Act 1886 , section 149 and give the child a certificate of the dismissal; or

(b) give the child a certificate of dismissal under the Criminal Code , section 700 ;

the court must not give the child the certificate until the child discharges his or her obligations under a restorative justice agreement made as a consequence of the referral.