Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 371

Breach of bond

    (1)     If—

        (a)     a person has been released on a bond under section 367; and

        (b)     it appears to the Court that the person has failed to be of good behaviour or to observe any condition of the bond—

the Court may direct that the person and, if the person is under the age of 15 years, his or her parent be served with a notice to appear before the Court at a specified time.

    (2)     If a notice is served on a person under subsection (1) and the person fails to appear before the Court at the time specified, the Court may, if satisfied that the notice has come to the attention of the person—

        (a)     direct that a warrant to arrest the person be issued; or

        (b)     proceed under subsection (5) in the absence of the person.

    (3)     A person alleged to have failed to be of good behaviour or to observe any condition of a bond must (whether a notice under subsection (1) has been issued or not) appear or be brought before the Court

        (a)     constituted by the magistrate who sentenced the person, if he or she still holds the office of magistrate; or

        (b)     constituted by any other magistrate

S. 371(3)(b)(i) amended by No. 52/2013 s. 51.

              (i)     if the first-mentioned magistrate does not still hold the office of magistrate or it is otherwise impracticable for the first-mentioned magistrate to constitute the Court; or

              (ii)     with the person's consent.

    (4)     If a person does not consent to the Court constituted by any other magistrate dealing with the breach, the proceeding must be adjourned for hearing before the Court constituted by the magistrate who sentenced the person, if he or she still holds the office of magistrate.

    (5)     If—

        (a)     a person has been released on a bond under section 367; and

        (b)     the Court is satisfied that the person has failed to be of good behaviour or to observe any condition of the bond—

the Court may—

        (c)     declare the bond to be forfeited and impose no penalty; or

        (d)     proceed with the further hearing and determination of the charge and deal with the person in any manner in which the person could have been dealt with before the adjournment was granted.



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