Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 188

Court may make youth training centre order

188. Court may make youth training centre order



(1) If-

   (a)  the Court finds a child guilty of an offence, whether indictable or
        summary; and

   (b)  on the day of sentencing, the child is aged 15 years or more but under
        21 years; and



   (c)  the Court is satisfied that no other sentence is appropriate; and

   (d)  the offence is one punishable by imprisonment (other than for default
        in payment of a fine); and

   (e)  it has received and considered a pre-sentence report-

the Court may convict the child and order that the child be detained in a
youth training centre.

(2) If the Court makes an order under sub-section (1), it must-

   (a)  state in writing the reasons for the order; and

   (b)  cause the statement of reasons to be entered in the register; and



   (c)  unless the Court otherwise orders, cause a copy of the written
        statement of reasons to be given or sent by post within 21 days after
        the making of the order to the child, the child's parents and other
        parties to the proceeding.

(2A) The failure of the Court to comply with sub-section (2) does not
invalidate an order made by the Court under sub-section (1).

(3) The Court must not make an order under sub-section (1) if the child is not
present before the Court.