• Specific Year
    Any

CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 412 Court may make youth justice centre order

CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 412

Court may make youth justice centre order

    (1)     If—

        (a)     the Court finds a child guilty of an offence, whether indictable or summary; and

        (b)     on the day of sentencing, the child is aged 15 years or more but under 21 years; and

        (c)     the Court is satisfied that no other sentence is appropriate; and

        (d)     the offence is one punishable by imprisonment (other than for default in payment of a fine); and

        (e)     it has received and considered a pre-sentence report

the Court may convict the child and order that the child be detained in a youth justice centre.

    (2)     If the Court makes an order under sub-section (1), it must

        (a)     state in writing the reasons for the order; and

        (b)     cause the statement of reasons to be entered in the court register; and

        (c)     unless the Court otherwise orders, cause a copy of the written statement of reasons to be given or sent by post within 21 days after the making of the order to the child, the child's parents and other parties to the proceeding.

    (3)     The failure of the Court to comply with sub-section (2) does not invalidate an order made by the Court under sub-section (1).

    (4)     The Court must not make an order under sub-section (1) if the child is not present before the Court.