Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 354

Hearing of adjourned case

    (1)     If criminal proceedings are adjourned under section 352 and the therapeutic treatment order is revoked, the Court may, on the application of the Secretary, re-list the adjourned case at short notice if the Court considers it appropriate to do so.

    (2)     Notice of an application under sub-section (1) must be given to—

        (a)     the Court; and

        (b)     the prosecutor; and

        (c)     the child.

    (3)     On the adjourned hearing date, the Court must consider—

        (a)     the report of the Secretary under section 353; and

        (b)     submissions made by or on behalf of the child and the prosecutor in relation to the matters in the report.

    (4)     If the Court is satisfied that the child has attended and participated in the therapeutic treatment program under the therapeutic treatment order, it must discharge the child without any further hearing of the criminal proceedings.

    (5)     If the child is not discharged under sub-section (4), the Court may determine what (if any) further proceedings in the Criminal Division in respect of the child are appropriate.



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