23.1. For the purposes of this program, the criminal and penal prosecuting attorney must refer a case to the provincial director when charges are brought against a young person, except if the aggravating circumstances of the offence are such that the use of an extrajudicial sanction would be contrary to the principles and objectives of this program, or the offence involved violence, including physical, psychological, verbal, economic or sexual violence.
However, in the event of aggravating circumstances, for offences punishable by imprisonment for 5 years or less, the prosecuting attorney must consult the provincial director before deciding how to proceed with the case.