247AFamily group conference not required, suspended, or discontinued when charges include Schedule 1A offence and non-Schedule 1A offence

1. Section 245 does not apply if—

2. a young person aged 17 years is charged with a Schedule 1A offence; and
3. an enforcement officer intends to commence criminal proceedings against the young person for a non-Schedule 1A offence; and
4. the prosecutor intends to seek a determination from the Youth Court under section 276AA(2).

5. If the prosecutor seeks a determination from the Youth Court under section 276AA(2), section 246(b) does not apply unless and until the Youth Court—

6. determines under section 276AA(4) that the charge is not a related charge; or
7. orders that the charge remain and be dealt with in the Youth Court under section 276AC(2).

8. Subsection (4) applies if—

9. a young person aged 17 years is charged with a Schedule 1A offence; and
10. a family group conference has been convened under section 247(b), (c), or (d) in respect of a non-Schedule 1A offence that is alleged to have been committed by the young person; and
11. either—
    1. an enforcement officer intends to commence criminal proceedings for the non-Schedule 1A offence; or
    2. the young person is charged with the non-Schedule 1A offence; and
12. the prosecutor seeks, or intends to seek (in the circumstances of paragraph (c)(i)), a determination from the Youth Court under section 276AA(2).

13. If this subsection applies, the family group conference must be—

14. suspended unless and until the Youth Court—
    1. determines under section 276AA(4) that the charge is not a related charge; or
    2. orders that the charge remain and be dealt with in the Youth Court under section 276AC(2); and
15. discontinued if the Youth Court transfers the related charge to the District Court or the High Court under section 276AB(1).