Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 117

    (1)     Subject to section 118, a referring police officer who is satisfied that there is sufficient evidence to charge a child with an alleged offence and who decides that the actions in paragraphs (a), (b) and (c) of section 92(1) are clearly inappropriate in the circumstances—

        (a)     must decide to refer the child to an early diversion group conference in respect of the alleged offence in the circumstances described in subsection (2); or

        (b)     in any other case, may decide to refer the child to an early diversion group conference in respect of the alleged offence.

Notes

1     It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10.

2     It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11.

    (2)     For the purposes of subsection (1)(a), the circumstances are that, at the time of the alleged offending—

        (a)     the child is under 14 years of age; or

        (b)     the child is 14 years of age or over and any of the following apply—

              (i)     the alleged offending does not include the commission of an indictable offence;

              (ii)     the child has not previously been charged with an offence in relation to an act or omission that occurred or allegedly occurred when the child was 14 years of age or over.

    (3)     A referring police officer may decide to refer a child to an early diversion group conference in respect of more than one alleged offence.