Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 356I

    (1)     If a child completes a diversion program to the satisfaction of the Court—

        (a)     no plea to the charge is to be taken, or if a plea to the charge was withdrawn under section 356D(2) no further plea to the charge is to be taken; and

        (b)     the Court must discharge the child without any finding of guilt; and

        (c)     the fact of participation in the diversion program is not to be treated as a finding of guilt except for the purposes of—

              (i)     Division 1 of Part 3 and Part 10 of the Confiscation Act 1997 ; and

              (ii)     section 9 of the Control of Weapons Act 1990 ; and

              (iii)     section 151 of the Firearms Act 1996 ; and

              (iv)     Part 4 of the Sentencing Act 1991 ; and

        (d)     the fact of participation in the diversion program and the discharge of the child is a defence to a later charge for the same offence or a similar offence arising out of the same circumstances.

Note

In relation to subsection (1)(c)(iv) see section 417.

    (2)     If a child does not complete a diversion program to the satisfaction of the Court and the child is subsequently found guilty of the charge, the Court must take into account the extent to which the child complied with the diversion program when sentencing the child.

S. 356J inserted by No. 43/2017 s. 59.