12AWhere undertakings in formal caution not substantially fulfilled

12A Where undertakings in formal caution not substantially fulfilled

[Section 12A Inserted by No. 27 of 2013, s. 11, Applied:01 Mar 2014]

(1)  This section applies in relation to a youth in respect of an offence if –

(a) a formal caution is, in accordance with section 9(1)(a) , administered to the youth under section 10 in relation to an offence; and

(b) the youth fails, without reasonable excuse, to substantially fulfil an undertaking that he or she was required, when 13 or more years old, to enter into under section 10 in relation to the offence.

(2)  If this section applies in relation to a youth in respect of an offence, an authorised police officer –

(a) may decide to take no further action in relation to the offence; or

(b) after consultation with the Secretary, may deal with the youth again under section 9 in relation to the offence.

(3)  If a youth fails, without reasonable excuse, to substantially fulfil an undertaking (the previous undertaking) that he or she was required, when 13 or more years old, to enter into under section 10 in relation to the offence and, in accordance with subsection (2)(b) , an authorised police officer deals with the youth again under section 9 in relation to the offence –

(a) any undertakings, including the previous undertaking, in relation to the offence cease to be in force; and

(b) the failure to substantially fulfil the previous undertaking is to be taken, for the purpose of the application of section 10(8) to the offence, not to have occurred.

(4)  If this section applies in relation to a youth in respect of an offence, a complaint may, despite section 26(1)(a) of the Justices Act 1959 , be filed in accordance with for the offence even though the complaint is filed after the end of the period of 6 months after the time when the matter of complaint arose, but may only be filed before the end of the relevant period in relation to the undertaking, in respect of the offence, that the youth has failed to substantially fulfil.