(1) A magistrate shall ascertain whether a matter before him or her may be dealt with by diversion after consideration of the following —
(a) a recommendation made by the Director of Public Prosecutions;
(b) an assessment report, unless the report is dispensed with under section 30(2);
(c) the views of persons present at the initial inquiry and information provided by the persons;
(d) information requested under section 30(1); and
(e) the willingness of the child to acknowledge responsibility for the offence.
(2) If a magistrate decides that the matter may be diverted, the magistrate shall issue a diversion direction in the prescribed manner in respect of the child concerned.
(3) Without prejudice to the diversion options under section 72, a magistrate may, after consultation with the persons present at the initial inquiry, develop an individual diversion option which meets the purposes of and standards applicable to the diversion set out in that section.
(4) If a child fails to comply with a diversion direction, a magistrate shall on being notified of the failure in the prescribed manner, issue a warrant for the apprehension of the child or a written notice to the child to appear before a magistrate.
(5) If a child appears before a magistrate under subsection (4), the Magistrate shall inquire into the reasons for the failure of the child to comply with the diversion direction and unless the Director of Public Prosecutions decides to proceed with the prosecution of the child concerned, the magistrate may, after consideration of the views of a person present at the initial inquiry —
(a) apply the same option with altered conditions;
(b) apply any other diversion option; or
(c) issue an appropriate direction that will assist the child and his or her family to comply with the diversion option initially applied.
(6) If the Director of Public Prosecutions decides to proceed with prosecution under subsection (5), the matter must be set down for trial in the Court and section 38 applies.