CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 362A Sentence discount for guilty plea
CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 362A
Sentence discount for guilty pleaS. 362A(1) amended by No. 30/2010 s. 31(1).
(1) If—
(a) in sentencing a child, the Court imposes a less severe sentence than it would otherwise have imposed because the child pleaded guilty to the offence; and
(b) the sentence imposed on the child is or includes—
(i) a youth attendance order; or
(ii) a youth residential centre order; or
(iii) a youth justice centre order—
the Court must state in respect of each offence the sentence that it would have imposed but for the plea of guilty.
(2) In the case of a sentence other than a sentence referred to in subsection (1)(b), the Court may state the sentence that it would have imposed but for the plea of guilty.
S. 362A(3) amended by No. 22/2009 s. 8, substituted by No. 30/2010 s. 31(2).
(3) If the Court makes a statement under this section, it must record or cause to be recorded (whether in writing or in another form) in respect of each offence the sentence that it would have imposed but for the plea of guilty.
(4) The failure of the Court to comply with this section does not invalidate any sentence imposed by it.
(5) Nothing in subsection (4) prevents a court on an appeal against sentence from reviewing a sentence imposed by the Court in circumstances where there has been a failure to comply with this section.
S. 362B inserted by No. 43/2017 s. 7.