Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 137

Sentencing orders

137. Sentencing orders



(1) If the Court finds a child guilty of an offence, whether indictable or
summary, the Court may-

   (a)  without conviction, dismiss the charge; or

   (b)  without conviction, dismiss the charge and order the giving of an
        undertaking under section 140; or

   (c)  without conviction, dismiss the charge and order the giving of an
        accountable undertaking under section 142; or

   (d)  without conviction, place the child on a good behaviour bond under
        section 144; or

   (e)  with or without conviction, impose a fine under section 150; or

   (f)  with or without conviction, place the child on probation under section
        158; or

   (g)  with or without conviction, release the child on a
        youth supervision order under section 163; or

   (h)  convict the child and make a youth attendance order under section 170;
        or

        (i)    convict the child and order that the child be detained in a
               youth residential centre under section 186; or

   (j)  convict the child and order that the child be detained in a
        youth training centre under section 188.





(2) If the Court is of the opinion that sentencing should be deferred, the
Court may defer sentencing the child in accordance with section 190.

(3) In addition to any other sentencing order, the Court may order the child-

   (a)  to make restitution or pay compensation in accordance with section
        191; or

   (b)  to pay costs.

(3A) The Court may not make an order referred to in sub-section (3) a special
condition of another sentencing order.

(4) If under any Act other than this Act a court is authorised on a conviction
for an offence-

   (a)  to make an order with respect to any property or thing the subject of
        or in any way connected with the offence; or

   (b)  to impose any disqualification or like disability on the person
        convicted-

then the Court may, if it finds a child guilty of that offence, make any such
order or impose any such disqualification or disability despite the child not
being convicted of the offence.

(5) The Court must not pass a sentence that imposes any condition or
requirement on a person or body that is not a party to the proceeding unless
the Court is satisfied that the person or body consents to that condition or
requirement.