• Specific Year
    Any

YOUTH JUSTICE ACT 1997 - SECT 47 Sentences and other orders that may be imposed

YOUTH JUSTICE ACT 1997 - SECT 47

Sentences and other orders that may be imposed

(1)  If a youth is found guilty of an offence, the Court may do one or more of the following:
(a) dismiss the charge and impose no further sentence;
(b) dismiss the charge and reprimand the youth;
(c) dismiss the charge and require the youth to enter into an undertaking to be of good behaviour;
(d) release the youth and adjourn the proceedings on conditions;
(e) impose a fine;
(f) make a probation order;
(g) order that the youth perform community service;
(h) make a detention order;
(ha) make an order it is permitted to make in accordance with section 161A ;
(i) in the case of a family violence offence, make a rehabilitation program order;
(j) adjourn the proceedings, grant bail to the youth under the Bail Act 1994 and defer, in accordance with Division 7A , sentencing the youth until a date specified in the order.
(1A)  Proceedings in relation to an offence may not be adjourned under subsection (1)(j) for a period of more than 12 months from the date of the finding of guilt in respect of the offence.
(1B)  Subsection (1)(j) does not limit the power of the Court to adjourn proceedings, grant bail in relation to a period of adjournment or defer sentencing a youth otherwise than under subsection (1)(j) .
(2)  In addition to imposing a sentence under subsection (1) , the Court may make one or more of the following orders:
(a) a suspended detention order;
(b) a restitution order;
(c) a compensation order;
(d) subject to this Act, any other order a court may make under another Act in respect of the offence of which the youth is found guilty.
(3)  If the Court considers it appropriate that the youth pay an amount by way of compensation and an amount by way of fine but the youth has insufficient resources to pay both amounts, the Court must give preference to ordering the youth to pay the compensation amount.
(3A)  In weighing up the matters to be taken into account in determining which orders to make under subsections (1) and (2) in relation to a youth, the Court must ensure that the matter of the rehabilitation of the youth is given more weight than is given to any other individual matter.
(4)  In determining what orders to make under subsections (1) and (2) , the Court must have regard to all the circumstances of the case, including –
(a) the nature of the offence; and
(b) the youth's age and any sentences or sanctions previously imposed on the youth by any court or a community conference; and
(c) the impact any orders made will have on the youth's chances of finding or retaining employment or attending education and training.