345Children to be proceeded against by summons

345 Children to be proceeded against by summons (1) There is a presumption in favour of proceeding by summons if an accused is a child. (2) A police officer must have regard to this presumption in commencing a criminal proceeding against a child. (3) For the avoidance of doubt, subsection (2) does not affect the ways in which a criminal proceeding against a child may be commenced by a police officer. S. 345(4) amended by No. 6/2018 s. 68(Sch. 2 item 20.3). (4) On the filing of a charge-sheet against a child a registrar must not issue in the first instance a warrant to arrest unless satisfied by evidence on oath or by affirmation or by affidavit that the circumstances are exceptional. (5) Subsection (4) has effect despite anything to the contrary in section 12 of the **Criminal Procedure Act 2009**. Note to s. 345 inserted by No. 32/2024 s. 784. It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.