Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 160

Breach of probation

160. Breach of probation



(1) If-





   (a)  a person has been placed on probation under section 158; and



   (b)  at any time during the probation period it appears to the Court or to
        the Secretary that the person has failed to observe any condition, or
        amended condition, of the probation order-

the Court or the Secretary may cause the person and, if the person is under
the age of 15 years, his or her parent to be served, by post or otherwise,
with a notice to appear before the Court at a specified time.

(2) If-





   (a)  a notice is served on a person under sub-section (1) and the person
        fails to appear before the Court at the time specified and the Court
        is satisfied that the notice has come to the attention of the person;
        or

   (b)  service of a notice under sub-section (1) cannot be effected-

the Court may direct that a warrant to arrest the person be issued.

(2A) A person alleged to have failed to observe any condition, or amended
condition, of a probation order must appear or be brought before the Court-

   (a)  constituted by the magistrate who sentenced the person, if he or she
        still holds the office of magistrate; or

   (b)  constituted by any other magistrate-

   (i)  if the first-mentioned magistrate does not still hold the office of
        magistrate; or

   (ii) with the person's consent.



(2B) If a person does not consent to the Court constituted by any other
magistrate dealing with the breach, the proceeding must be adjourned for
hearing before the Court constituted by the magistrate who sentenced the
person, if he or she still holds the office of magistrate.

(3) If-

   (a)  a person has been placed on probation; and





   (b)  the person is brought or appears before the Court (whether a notice
        under sub-section (1) has been issued or not); and

   (c)  the Court is satisfied that the person has failed to observe any
        condition, or amended condition, of the probation order-

the Court may-

   (d)  confirm the probation order; or

   (e)  vary, add or substitute any special condition of the probation order
        but must not extend the period of the order; or

   (f)  revoke the probation order and impose any sentencing order that the
        Court thinks just; or





   (g)  if the probation order has expired, impose any sentencing order that
        the Court thinks just.





(4) In considering what order to make under sub-section (3), the Court may
take into account-

   (a)  a report on the person prepared by the Secretary under section 160A;
        and





   (b)  the fact of the making of the probation order; and

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



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