23Referrals for cautions

#### 23 Referrals for cautions 23 Referrals for cautions > > (1) A child may be referred for a caution under this Part by the Director of Public Prosecutions if— > > > > > (a) the offence is one for which a caution may be given under this Part, and > > > > > (b) the child admits the offence, and > > > > > (c) the child consents to the giving of the caution. > > > (2) In determining whether to refer a matter for a caution, the Director of Public Prosecutions is to take into account the following matters— > > > > > (a) the seriousness of the offence, > > > > > (b) the degree of violence involved in the offence, > > > > > (c) the harm caused to any victim, > > > > > (d) the number and nature of any offences committed by the child and the number of times the child has been dealt with under this Act, > > > > > (e) any other matter the Director thinks appropriate in the circumstances. > > > (3) The referral is to be made to a person authorised in writing by the Commissioner of Police for the purposes of this section. > > > (4) The authorised person must arrange for a caution to be given to the child under this Part. > > > (5) Despite any other provision of this section, the Director of Public Prosecutions may not refer a child for a caution in relation to an offence if the child has been dealt with by caution on 3 or more occasions— > > > > > (a) whether by or at the request of a police officer or specialist youth officer under section 29 or by a court under section 31, and > > > > > (b) whether for offences of the same or of a different kind. > > **s 23:** Am 2002 No 69, Sch 1 \[2\].