Children and Young Persons (Juvenile Case Conference) Regulations 2001

The Youth Court may convene a juvenile case conference under section 45 of the Act if, having regard to the information obtained by the Court under section 42(9) of the Act in respect of the family background, general conduct, home surroundings, school record, medical history and state of development of the offender, the Court is satisfied that it would be in the best interests of the offender that he be dealt with by a juvenile case conference.

Before making the order for the convening of a juvenile case conference, the Youth Court shall explain to the offender —

Upon making the order for the convening of the juvenile case conference, the Youth Court may adjourn the case for such period as the Court thinks necessary and make in respect of the offender such interim order, having effect only during the period of adjournment, as the Court thinks fit.

A juvenile case conference shall consist of —

The persons who may be appointed members of juvenile case conference shall include —

A judge of the Youth Court may act as the facilitator of the juvenile case conference or may appoint any suitably qualified person to be the facilitator.

All meetings of the juvenile case conference shall be convened and chaired by the facilitator.

The facilitator shall cause to be sent to each member of the juvenile case conference a notice in writing specifying the date, time and place of the meeting of the juvenile case conference and may, in such notice, call upon any member of the juvenile case conference to furnish any document for the consideration of the juvenile case conference during its meeting.

No member of the juvenile case conference shall act as an interpreter during its meetings, and where any member of the juvenile case conference requires the assistance of an interpreter, the Registrar shall arrange for the necessary court interpreter to be present.

Except with the approval of a judge of the Youth Court, no member of the juvenile case conference shall be represented by an advocate and solicitor during its meetings.

Subject to the directions of a judge of the Youth Court and to such modifications as the circumstances of the case may require, the facilitator shall conduct the meeting of the juvenile case conference in accordance with the procedure set out in the Schedule.

A formal caution administered to the offender under section 45(1)(b) of the Act must be put in writing and acknowledged in writing by the offender.

Where the juvenile case conference deals with an offender by requiring the offender to pay compensation to the victim of the offence under section 45(1)(c) of the Act, the payment must be made to the victim through the prosecuting officer.

Where pursuant to section 45(1)(d) of the Act, the juvenile case conference requires an offender to perform community service, such requirement must not take effect until it is approved by a judge of the Youth Court and the judge makes an order under section 44(1)(f) of the Act giving effect to the requirement.

Where the juvenile case conference deals with an offender by requiring the offender to apologise to the victim of the offence under section 45(1)(e) of the Act, the apology must be made in the presence of an adult person approved by the juvenile case conference.

Where pursuant to section 45(1)(f) of the Act, the juvenile case conference requires an offender to enter into any undertaking, the undertaking shall be of such duration as may be approved by a judge of the Youth Court.