New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 48Q

48Q Consequences of revocation of youth conduct orders

(1) This section applies if the Children’s Court revokes a youth conduct order under this Part.

(2) If a child did not plead guilty to (or had not yet been found guilty of) a relevant offence before the Children’s Court made a youth conduct order in relation to the offence, the Court may on the revocation of the order:

(a) proceed to make a finding as to the guilt of the child for the offence, and

(b) if the child is found guilty of the offence-deal with the child for the offence in accordance with Division 4 of Part 3.

(3) If a child pleaded guilty to (or was found guilty of) a relevant offence before the Children’s Court made a youth conduct order in relation to the offence, the Court may, on the revocation of the order, deal with the child for the offence in accordance with Division 4 of Part 3.

(4) In determining the penalty to be imposed on a child who has pleaded guilty to (or was found guilty of) a relevant offence to which a revoked youth conduct order related, the Children’s Court is to have regard to:

(a) the fact of, and the circumstances surrounding, the child’s failure to comply with the order (including the extent to which the child did comply with the order), and

(b) any report on the child’s failure to comply with the youth conduct order prepared in accordance with the regulations for submission to the Court.