Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 414

Deferral of sentencing

    (1)     If—

        (a)     the Court is of the opinion that sentencing should, in the interests of the child, be deferred; and

        (b)     the child agrees to a deferral of sentencing; and

        (c)     in the case of deferral of sentencing for the purpose of the child's participation in a group conference

              (i)     the Court is of the opinion, after consultation with the Secretary, that the child is suitable to participate in a group conference; and

              (ii)     the child agrees to participate in a group conference

the Court may defer sentencing the child for a period not exceeding 4 months.

    (2)     If the Court defers sentencing a child, the Court

        (a)     must adjourn the case to a fixed date for sentence and release the child unconditionally or adjourn the case to a fixed date for sentence and release the child on bail; and

        (b)     may order the preparation of a pre-sentence, or a further pre-sentence, report; and

        (c)     if a group conference is to be held, must order the preparation of a group conference report.



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