Detail

(Act 9 of 2018)

Act 9 of 2018 .. in force 12 December 2018

ARRANGEMENT OF SECTIONS

PRELIMINARY

PART I
CRIMINAL RESPONSIBILITY

5.	Age of criminal responsibility

PART II
PLACE OF ASSESSMENT AND SECURE RESIDENTIAL FACILITY

6.	Place of assessment
7.	Secure residential facility

PART III
METHODS OF SECURING ATTENDANCE OF CHILD AT INITIAL INQUIRY

8.	Method of securing attendance of child
9.	Apprehension
10.	Detention of child
11.	Report of injury sustained by child
12.	Register of children in detention in police custody
13.	Release of child into care of parent or appropriate adult before initial inquiry
14.	Release by Director of Public Prosecutions
15.	Duty of police officer
16.	Release of child on recognisance prior to initial inquiry
17.	Release to place of safety
18.	Child accused of Schedule 3 offence
19.	Report of non-release
20.	Uncertainty as to age of person
21.	Summons
22.	Written notice

PART IV
ASSESSMENT OF CHILD

23.	Assessment of child by probation officer
24.	Notice of assessment
25.	Attendance at assessment
26.	Powers and duties of probation officer at assessment

PART V
INITIAL INQUIRY

27.	Decision to hold initial inquiry
28.	Attendance at initial inquiry
29.	Conduct of initial inquiry
30.	Powers of a magistrate at an initial inquiry
31.	Release of child into care of parent or appropriate adult at initial inquiry and on recognisance or bail
32.	Detention of child by magistrate
33.	Postponement of initial inquiry
34.	Detailed assessment
35.	Referral of matter to the Director of Human Services
36.	Decision regarding diversion
37.	Procedure on referral of matter for trial

PART VI
COURT PROCEEDINGS

Intention to Prosecute

38.	Intention to prosecute

Legal Representation

39.	Child to be provided with an attorney-at-law
40.	Requirements to be complied with by attorney–at-law

Procedure relating to children

41.	Summoning of parent or appropriate adult
42.	Conduct of proceedings relating to child in Court
43.	Admissibility of evidence
44.	Treatment of child at Court
45.	Separation and joinder of trials involving child and adult
46.	Time limit relating to conclusion of trial
47.	Order for diversion
48.	Privacy and confidentiality for child in Court

Sentencing

49.	Pre-sentence report
50.	Prohibition on sentence
51.	Imposition of sentence
52.	Sentence involving a compulsory residential requirement
53.	Referral to secure residential facility
54.	Referral to a correctional facility
55.	Community based sentence
56.	Supervision of a child under a supervision and guidance order
57.	Summons to inquire of fit person
58.	Family group conference
59.	Decision after family group conference
60.	Sentence involving correctional supervision
61.	Postponement or suspension of imposition of sentence
62.	Failure to comply with condition of sentence
63.	Penalty in lieu of fine or imprisonment
64.	Notice to parent or appropriate adult
65.	Proceedings to show cause

General

66.	Power to proceed with case in absence of child
67.	Extension of power to take depositions
68.	Determination of age
69.	Order relating to parent or appropriate adult
70.	Appeal

PART VII
DIVERSION

71.	Diversion
72.	Levels of diversion options
73.	Development of diversion options
74.	Designation of assigned officer
75.	Community service work as diversion
76.	Register

PART VIII
MISCELLANEOUS

77.	Obstruction of assigned officer
78.	Expungement of record
79.	Regulations
80.	Amendment of Schedules
81.	Repeal and savings
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5