New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 48L

48L Youth conduct orders

(1) Power to make youth conduct orders Subject to this section, the Children’s Court may make any of the following orders of its own motion or on the application of an authorised applicant:

(a) an order having effect for a period not exceeding 2 months (an "interim youth conduct order") requiring a child in criminal proceedings before the Court:

(i) to participate in the preparation of a final conduct plan as provided by the scheme, and

(ii) to comply with the requirements of an interim conduct plan approved by the Court in the order,

(b) an order having effect for a period not exceeding 12 months (a "final youth conduct order") requiring a child in criminal proceedings before the Court to comply with the requirements of a final conduct plan approved by the Court in the order.

(2) Each of the following persons is an "authorised applicant" for the purposes of the making of an application under subsection (1):

(a) the child against whom the criminal proceedings have been brought,

(b) any person making the application on behalf of the child,

(c) any other person who is authorised to make such an application by the regulations.

(3) General preconditions for making of orders The Children’s Court may not make a youth conduct order with respect to a child unless:

(a) the child has been charged with, or has pleaded guilty to or been found guilty of, a relevant offence in the criminal proceedings, and

(b) a suitability assessment of the child has been carried out and the child has, following such an assessment, been found to be suitable to participate in the scheme, and

(c) the Court is satisfied that the child meets the prescribed eligibility criteria, and

(d) in the case where the child pleaded not guilty to the relevant offence on or before the day on which a suitability assessment order was made in respect of the child but subsequently changed his or her plea to guilty-the Court is satisfied that the time taken to change the plea was not unreasonable in the circumstances, and

(e) in the case where the proposed order is to be an interim youth conduct order-an interim conduct plan has been prepared and submitted to the Court for its consideration and approval, and

(f) in the case where the proposed order is to be a final youth conduct order-a final conduct plan has been prepared and submitted to the Court for its consideration and approval.

(4) Consent of child required unless child pleads guilty or found guilty Without limiting subsection (3), the consent of a child who is capable in law of giving consent to the making of a youth conduct order is required before such an order is made with respect to the child in relation to a relevant offence unless the child has pleaded guilty to, or been found guilty of, the offence.

(5) Court to take into account child’s submissions Before making a youth conduct order, the Children’s Court is to take into account any submissions and evidence put forward by or on behalf of the child as to the appropriateness of the order.

(6) Court may request that conduct plan be revised The Children’s Court may request the person or body that prepared an interim conduct plan or final conduct plan for the Court’s consideration and approval to consider making changes to the plan before its approval by the Court in a youth conduct order.

(7) Effect of youth conduct order on criminal proceedings While a youth conduct order remains in effect with respect to a child for a relevant offence:

(a) if the Children’s Court did not make a finding as to the guilt of the child for the offence before making the order-the Court is not required to make a finding as to the child’s guilt for the offence, and

(b) if the child pleaded guilty to, or was found guilty by the Children’s Court of, the offence before making the order-the Court is not required to determine what penalty, if any, should be imposed on the child for the offence, and

(c) the Children’s Court is taken to have dispensed with any requirement for bail in connection with the offence for the purposes of the Bail Act 1978 .

(8) Subsection (7) has effect despite anything to the contrary in any Act or other law.

(9) Section does not limit power to grant adjournments This section does not limit any power that the Children’s Court has to adjourn proceedings.