Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 410

Court may make youth residential centre order

    (1)     If—

        (a)     the Court finds a child guilty of an offence, whether indictable or summary; and

        (b)     on the day of sentencing, the child is aged 10 years or more but under 15 years; and

        (c)     the Court is satisfied that the circumstances and nature of the offence are sufficiently serious to warrant the making of a youth residential centre order and that no other sentence is appropriate; and

        (d)     the offence is one punishable by imprisonment (other than for default in payment of a fine); and

S. 410(1)(e) amended by No. 61/2014 s. 100(a).

        (e)     it has received and considered a pre-sentence report; and

S. 410(1)(f) inserted by No. 61/2014 s. 100(b).

        (f)     if the child has participated in a group conference under section 415, the Court has received and considered the group conference report prepared under section 415(8)

the Court may convict the child and order that the child be detained in a youth residential centre.

    (2)     If the Court makes an order under subsection (1), it must

        (a)     state in writing the reasons for the order; and

        (b)     cause the statement of reasons to be entered in the court register; and

        (c)     unless the Court otherwise orders, cause a copy of the written statement of reasons to be given or sent by post within 21 days after the making of the order to the child, the child's parents and other parties to the proceeding.

    (3)     The failure of the Court to comply with subsection (2) does not invalidate an order made by the Court under subsection (1).

    (4)     The Court must not make an order under subsection (1) if the child is not present before the Court.



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