(1) If the Director of Public Prosecutions intends to prosecute a child in conflict with the law, he or she shall issue a certificate in the prescribed form confirming the intention to prosecute.
(2) In issuing a certificate under subsection (1), the Director of Public Prosecutions shall have regard to —
(a) the appropriateness of diversion under this Act;
(b) the educational level, cognitive ability, domestic and environmental circumstances, age and maturity of the child;
(c) the nature and gravity of the alleged offence;
(d) the impact of the alleged offence on a victim of the offence;
(e) an assessment report prepared by a probation officer under section 26(3); and
(f) an evaluation or a report of a counsellor, medical practitioner or psychologist, if applicable.
(3) If a certificate under subsection (1) is not issued within twenty-eight days after an initial inquiry, the Director of Public Prosecutions is regarded as having declined to institute proceedings to prosecute.