Once a juvenile's protective disposition has been decided, may the same case still be brought back for public prosecution or referral to the juvenile division?
General information · Not legal advice
Material to check
For this practice exercise, the papers to read are the decision that imposed the protective disposition on the juvenile, since the bar attaches only once that hearing has been decided, and the record showing whether the case falls within the exception specified in the proviso.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the bar broadly: where a juvenile has received a protective disposition and the hearing on that case has been decided, the same case may not again be prosecuted or referred to the juvenile division, and the provision attaches by force to that decision.
Another reading works from the proviso: where the protective disposition imposed is the one the proviso names, public prosecution may still be brought, so the finality the main clause announces does not hold in that category of disposition.
Your judgment
If the disposition on file is contested as a different one from the disposition the proviso names, how could the record establish which it was?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to widen or narrow the proviso, or if a court decision clarifies which protective dispositions fall within the category the proviso names.