QLDIn ForceAct
Youth Justice Act 1992
sec.21Childrens Court may dismiss charge if caution should have been administered or no action taken
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### sec.21 Childrens Court may dismiss charge if caution should have been administered or no action taken
If a child pleads guilty before a Childrens Court to a charge made against the child by a police officer, the court may dismiss the charge instead of accepting the plea of guilty if—
application is made for the dismissal by or on behalf of the child; and
the court is satisfied that the child should have been cautioned instead of being charged or no action should have been taken against the child.
In deciding the application, the Childrens Court may have regard to—
any other cautions administered to the child for any offence; and
whether any previous conference agreements have been made by the child.
If the court dismisses a charge under subsection (1) because the child should have been cautioned, the court may—
administer a caution to the child; or
direct a police officer to administer a caution to the child as directed by the court.
s 21 amd 1996 No. 22 s 13
sub 2002 No. 39 ss 7 , 9
amd 2009 No. 34 s 10 ; 2016 No. 39 s 11 ; 2024 No. 54 s 44
(sec.21-ssec.1) If a child pleads guilty before a Childrens Court to a charge made against the child by a police officer, the court may dismiss the charge instead of accepting the plea of guilty if— application is made for the dismissal by or on behalf of the child; and the court is satisfied that the child should have been cautioned instead of being charged or no action should have been taken against the child.
(sec.21-ssec.2) In deciding the application, the Childrens Court may have regard to— any other cautions administered to the child for any offence; and whether any previous conference agreements have been made by the child.
(sec.21-ssec.3) If the court dismisses a charge under subsection (1) because the child should have been cautioned, the court may— administer a caution to the child; or direct a police officer to administer a caution to the child as directed by the court.
- (a) application is made for the dismissal by or on behalf of the child; and
- (b) the court is satisfied that the child should have been cautioned instead of being charged or no action should have been taken against the child.
- (a) any other cautions administered to the child for any offence; and
- (b) whether any previous conference agreements have been made by the child.
- (a) administer a caution to the child; or
- (b) direct a police officer to administer a caution to the child as directed by the court.