20Liability of youth to be prosecuted

20 Liability of youth to be prosecuted

(1)  A youth is not liable to be prosecuted for an offence in respect of which a community conference was convened if –

(a) the community conference administers a caution against further offending but does not require the youth to enter into an undertaking; or

(b) the youth enters into the undertakings required by the community conference and performs the obligations arising from those undertakings.

(2)  A police officer may file a complaint before the Court for an offence in respect of which a community conference is convened if –

(a) the youth fails to attend the community conference; or

(b) the community conference fails to reach a decision; or

(c) the youth fails to enter into an undertaking as required by the community conference; or

(d) the youth fails to perform the obligations arising from undertakings entered into as required by the community conference.

(3)  A complaint may be filed under subsection (2) even though a period of limitation relating to the commencement of proceedings for the relevant offence has expired, but the complaint must be filed –

(a) if the youth fails to attend the community conference, not more than 2 months after that failure to attend; or

(b) if the community conference fails to reach a decision, not more than 2 months after the community conference ends; or

(c) if the youth fails to enter into an undertaking as required by the community conference, not more than 2 months after that failure to enter into the undertaking; or

(d) if the youth fails to perform an obligation arising from an undertaking, not more than 6 months after the end of the period of the undertaking.