Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 92

    (1)     If a child is alleged to have committed an offence, a police officer may decide—

        (a)     to take no action under this Act or any other Act or law against the child for the alleged offence; or

        (b)     if paragraph (a) is clearly inappropriate in the circumstances, to give a youth warning to the child for the alleged offence; or

        (c)     if paragraphs (a) and (b) are clearly inappropriate in the circumstances, to give a youth caution to the child for the alleged offence; or

        (d)     if paragraphs (a), (b) and (c) are clearly inappropriate in the circumstances, to refer the child to participate in an early diversion group conference for the alleged offence; or

        (e)     if paragraphs (a), (b), (c) and (d) are clearly inappropriate in the circumstances, to commence a criminal proceeding against the child for 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)     In deciding whether an action in the hierarchy of options is clearly inappropriate in the circumstances, the police officer must have regard to each of the following matters—

        (a)     the nature and seriousness of the alleged offending;

        (b)     the number, frequency and nature of findings of guilt or convictions (if any) in respect of the child;

        (c)     any previous conduct of the child relevant to the alleged offending, including but not limited to whether the child has acknowledged responsibility or shown remorse for their behaviour;

        (d)     any harm caused to the victim (if any) of the alleged offending.