40Diversion in circumstances where youth denies behaviour

40 Diversion in circumstances where youth denies behaviour (1) Despite section 39(2) and (4), if a youth denies having had a role in the behaviour constituting the alleged offence: (a) the youth must not be diverted under section 39(2)(c) or (d) or (4); and (b) a police officer may, in accordance with this Act, charge the youth with the offence that the officer believes on reasonable grounds the youth has committed and the youth may be prosecuted for the offence. (2) This section does not apply in relation to a youth who has been referred for assessment for inclusion in a diversion program or a Youth Justice Conference under section 64(1)(b). Youth Justice Act 2005 28