Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 394

Matters to be taken into account

    (1)     In considering what order to make under section 393, the Court may take into account—

        (a)     a report on the person prepared by the Secretary under sub-section (2); and

        (b)     the fact of the making of the youth supervision order; and

        (c)     the extent to and the manner in which the person has complied with the youth supervision order.

    (2)     If a person is brought or appears before the Court under section 393, the Secretary must prepare a report on the person including—

        (a)     the nature and circumstances of the breach of the youth supervision order; and

        (b)     the extent to which and the manner in which the person has complied with the order; and

        (c)     the recommendation of the Secretary with respect to an appropriate sentencing order for the person; and

        (d)     any other relevant matter.

    (3)     Any statement made in a report under sub-section (2) must be relevant to—

        (a)     the breach of the youth supervision order; and

        (b)     the sentencing order (if any) recommended in the report.

    (4)     A report under sub-section (2) must be provided, after the Court is satisfied that a person has failed to observe any condition, or amended condition, of the order and before the Court makes an order under section 393, to—

        (a)     the Court; and

        (b)     the person who is the subject of the report; and

        (c)     the legal practitioners representing the person; and

        (d)     any other person whom the Court has ordered is to receive a copy of the report.



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