772Criminal proceeding adjourned for therapeutic treatment order or protection order

772 Criminal proceeding adjourned for therapeutic treatment order or protection order

(1) The Secretary of the Department of Families, Fairness and Housing is released from any obligation to report on a child to the Criminal Division of the court under section 350, 351, 352A, 353 or 355 of the Children, Youth and Families Act 2005 if—

(a) before the commencement day, a criminal proceeding was adjourned to refer the matter of a protection application or an application for a therapeutic treatment order to the Secretary of the Department of Families, Fairness and Housing for investigation under section 349 of the Children, Youth and Families Act 2005; and

(b) on or after the commencement day, the child is, by virtue of section 771, taken to be not guilty of the alleged offence or offences to which the criminal proceeding relates.

(2) However, the fact that the child is, by virtue of section 771, taken to be not guilty of the alleged offence or offences to which the criminal proceeding relates does not affect any of the following—

(a) the obligation of the Secretary of the Department of Families, Fairness and Housing under section 350 of the Children, Youth and Families Act 2005 to enquire into the matter of an application for a protection order or a therapeutic treatment order in respect of the child;

(b) the power of the Children's Court to make a therapeutic treatment order in respect of the child under section 248 of the Children, Youth and Families Act 2005;

(c) the power of the Children's Court to make a therapeutic treatment (placement) order in respect of the child under section 252 of the Children, Youth and Families Act 2005;

(d) the power of the Children's Court to make a protection order in respect of the child under section 274 of the Children, Youth and Families Act 2005.