sec.164Court diversion referrals

### sec.164 Court diversion referrals This section applies if the court makes a court diversion referral. The making of the referral brings the court proceeding for the offence to an end and the child is not liable to be further prosecuted for the offence unless— the chief executive returns the referral under section 32 (1) ; or the chief executive advises the court’s proper officer that the child failed to comply with a restorative justice agreement made as a consequence of the referral. If subsection (2) (a) applies— the court’s proper officer must bring the charge for the offence back on before the court for sentencing; and in sentencing the child, the court must not have regard to the referral being returned. If subsection (2) (b) applies, the court’s proper officer must bring the charge for the offence back on before the court for sentencing and the court must either— take no further action; or allow the child a further opportunity to comply with the agreement; or sentence the child for the offence. If the charge for the offence is brought back on before the court for sentencing, the court’s proper officer must give the child and the chief executive notice that the proceeding for the offence is to be heard by the court on a stated day. The notice must include a warning that, if the child fails to appear before the court in compliance with the notice, the court may issue a warrant for the child’s arrest. The notice restarts the proceeding from when it ended and the child is liable to be sentenced for the offence. If the child fails to appear before the court in compliance with the notice, the court may issue a warrant for the child’s arrest. If subsection (4) (a) applies, the court proceeding for the offence is brought to an end and the child is not liable to be further prosecuted for the offence. s 164 prev s 164 ins 1996 No. 22 s 43 amd 2002 No. 39 s 60 ; 2009 No. 34 s 21 om 2012 No. 41 s 21 pres s 164 ins 2016 No. 39 s 23 (sec.164-ssec.1) This section applies if the court makes a court diversion referral. (sec.164-ssec.2) The making of the referral brings the court proceeding for the offence to an end and the child is not liable to be further prosecuted for the offence unless— the chief executive returns the referral under section 32 (1) ; or the chief executive advises the court’s proper officer that the child failed to comply with a restorative justice agreement made as a consequence of the referral. (sec.164-ssec.3) If subsection (2) (a) applies— the court’s proper officer must bring the charge for the offence back on before the court for sentencing; and in sentencing the child, the court must not have regard to the referral being returned. (sec.164-ssec.4) If subsection (2) (b) applies, the court’s proper officer must bring the charge for the offence back on before the court for sentencing and the court must either— take no further action; or allow the child a further opportunity to comply with the agreement; or sentence the child for the offence. (sec.164-ssec.5) If the charge for the offence is brought back on before the court for sentencing, the court’s proper officer must give the child and the chief executive notice that the proceeding for the offence is to be heard by the court on a stated day. (sec.164-ssec.6) The notice must include a warning that, if the child fails to appear before the court in compliance with the notice, the court may issue a warrant for the child’s arrest. (sec.164-ssec.7) The notice restarts the proceeding from when it ended and the child is liable to be sentenced for the offence. (sec.164-ssec.8) If the child fails to appear before the court in compliance with the notice, the court may issue a warrant for the child’s arrest. (sec.164-ssec.9) If subsection (4) (a) applies, the court proceeding for the offence is brought to an end and the child is not liable to be further prosecuted for the offence. - (a) the chief executive returns the referral under section 32 (1) ; or - (b) the chief executive advises the court’s proper officer that the child failed to comply with a restorative justice agreement made as a consequence of the referral. - (a) the court’s proper officer must bring the charge for the offence back on before the court for sentencing; and - (b) in sentencing the child, the court must not have regard to the referral being returned. - (a) take no further action; or - (b) allow the child a further opportunity to comply with the agreement; or - (c) sentence the child for the offence.