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Dismissals and Undertakings

A court can find a young person guilty of an offence and dismiss the charge. This is called a dismissal and there is no further penalty.

The law relating to dismissal is contained in 360 (1)(a) of the Children, Youth and Families Act 2005.

An undertaking is when a young offender is released (unsupervised) with the condition to be of good behaviour. A conviction is not recorded.

There are two types of undertaking. If a young offender breaches a Non-accountable Undertaking the court can not take any further action. If the young offender breaches an Accountable Undertaking, they can be ordered to reappear before the court.

The law relating to undertakings is contained in sections 363-366 of the Children, Youth and Families Act 2005.