356DAdjournment to undertake diversion program

356D Adjournment to undertake diversion program (1) Subject to this Division, at any time before taking a formal plea from a child in a criminal proceeding for an offence, the Court may, on its own motion or on application by the child or the prosecutor, adjourn the proceeding for a period not exceeding 4 months to enable the child to participate in and complete a diversion program. (2) The Court may refuse to accept a plea of guilty from a child in a criminal proceeding for an offence, or may allow the child to withdraw such a plea, if— (a) there has been no application for an adjournment under subsection (1); and (b) the Court considers it necessary to consider the appropriateness of diversion; and (c) the Court has not heard any evidence in the proceeding; and (d) in the case of a withdrawal of a plea, the Court is satisfied that the prosecutor does not object to diversion. (3) Despite anything to the contrary in subsection (1), the Court may not adjourn a proceeding for the purpose of the child completing a diversion program if— (a) the prosecutor does not consent to the adjournment; or (b) the child does not consent to the adjournment in accordance with section 356E. (4) The Court, as far as practicable, must consider the following matters when determining whether to grant an adjournment under subsection (1)— (a) the seriousness and the nature of the offending; (b) the seriousness and the nature of any previous offending; (c) the impact on the victim (if any); (d) the interests of justice and any other matter the Court considers appropriate. (5) In considering the matters in subsection (4), the Court may inform itself in any way it considers appropriate. S. 356E inserted by No. 43/2017 s. 59.