Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 362

Matters to be taken into account

    (1)     In determining which sentence to impose on a child, the Court must, as far as practicable, have regard to—

        (a)     the need to strengthen and preserve the relationship between the child and the child's family; and

        (b)     the desirability of allowing the child to live at home; and

        (c)     the desirability of allowing the education, training or employment of the child to continue without interruption or disturbance; and

        (d)     the need to minimise the stigma to the child resulting from a court determination; and

        (e)     the suitability of the sentence to the child; and

        (f)     if appropriate, the need to ensure that the child is aware that he or she must bear a responsibility for any action by him or her against the law; and

        (g)     if appropriate, the need to protect the community, or any person, from the violent or other wrongful acts of the child.

    (2)     In passing sentence on a child who has appeared before the Family Division or who is or has been the subject of an order of the Family Division (including a therapeutic treatment order), the Court must not impose a sentence more severe than it would have imposed had the child not so appeared or been the subject of such an order.

    (3)     If a child has participated in a group conference and has agreed to the group conference outcome plan, the Court must impose a sentence less severe than it would have imposed had the child not participated in a group conference.

S. 362(4) amended by No. 48/2006 s. 20.

    (4)     If sentencing of a child is deferred for the purpose of the child's participation in a group conference and the child has failed to participate in the group conference, the Court must not impose a sentence more severe than it would have imposed had sentencing not been so deferred.

S. 362(5)
inserted by No. 30/2010 s. 30.

    (5)     If, in sentencing a child, the Court imposes a less severe sentence than it would otherwise have imposed because of an undertaking given by the child to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence, the Court must

        (a)     announce that it is doing so; and

        (b)     cause to be noted in the records of the Court the fact that the undertaking was given and its details.

S. 362(6)
inserted by No. 30/2010 s. 30.

    (6)     Nothing in subsection (5) requires the Court to state the sentence that it would have imposed but for the undertaking that was given.

S. 362A inserted by No. 8/2008 s. 4.



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