Victorian Current Acts

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YOUTH JUSTICE ACT 2024 - SECT 722

Application of CAYPINS procedure

    (1)     An enforcement agency must use the CAYPINS procedure instead of commencing a proceeding against a child for an offence for which an infringement notice could be issued unless—

        (a)     the enforcement agency considers that it is in the interests of the child to have the matter heard and determined by the Children's Court; or

        (b)     the enforcement agency considers that it is in the interests of justice to have the matter heard and determined by the Children's Court; or

        (c)     the child has elected to have the matter heard and determined by the Children's Court.

    (2)     If a child may be prosecuted for an offence for which an infringement notice may be issued, a reference in any Act to enforcement under the Fines Reform Act 2014 includes a reference to enforcement under this Chapter.

    (3)     The CAYPINS procedure applies without prejudice to the application of so much of any other procedure as is consistent with the CAYPINS procedure.

    (4)     The procedure set out in Part 17.2 may be used in relation to any infringement notice, regardless of when it was issued.



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