8Commencement of proceedings

#### 8 Commencement of proceedings 8 Commencement of proceedings > > (1) Criminal proceedings should not be commenced against a child otherwise than by way of court attendance notice. > > > (2) Subsection (1) does not apply— > > > > > (a) if the offence for which proceedings are being commenced consists of— > > > > > > > (i) a serious children’s indictable offence, > > > > > > > (ii) an indictable offence under Division 2 of Part 2 of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), or > > > > > > > (iii) an offence (whether indictable or otherwise) prescribed by the regulations for the purposes of this paragraph, > > > > > (b) if, in the opinion of the person by whom the proceedings are commenced, there are reasonable grounds for believing that— > > > > > > > (i) the child is unlikely to comply with a court attendance notice, or > > > > > > > (ii) the child is likely to commit further offences, > > > > > > if the proceedings were to be commenced by court attendance notice, or > > > > > (c) if, in the opinion of the person by whom the proceedings are commenced— > > > > > > > (i) the violent behaviour of the child, or > > > > > > > (ii) the violent nature of the offence, > > > > > > indicates that the child should not be allowed to remain at liberty. > > > (3) (Repealed) > > **s 8:** Subst 1987 No 270, Sch 1 (2). Am 2001 No 121, Sch 2.38 \[6\] \[7\].