Victorian Current Acts Victorian Current Acts(1) For the heading to section 32 of the Sentencing Act 1991 substitute —
" Youth justice custodial orders ".
(2) For section 32(1), (2), (2A) and (2B) of the Sentencing Act 1991 substitute —
"(1) Subject to subsections (2C), (2D) and (2E), if a sentence involving confinement is justified in respect of a young offender, a court may make a youth justice custodial order if—
(a) it has received a pre-sentence report and it believes—
(i) that there are reasonable prospects for the rehabilitation of the young offender; or
(ii) that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison; and
(b) it has had regard to the matters in subsection (2).
(2) The matters are—
(a) the nature of the offence; and
(b) the age, character and past history of the young offender; and
(c) in respect of a young offender who was 18 years of age or over at the time of the commission of the offence, the extent to which—
(i) the young offender is suited to living in a lower-security custodial environment that supports semi-independent living; and
(ii) the young offender may pose a risk of harm to others or be disruptive to the safety of any person in a youth justice custodial centre, or the security or stability of a youth justice custodial centre; and
(iii) the Secretary is reasonably able to safely and appropriately accommodate and support the young offender in a youth justice custodial centre.".
(3) In section 32(2C) of the Sentencing Act 1991 —
(a) after "offender" (where first occurring) insert "(other than a young offender who is a child within the meaning of the Youth Justice Act 2024 )";
(b) for "a youth justice centre order or a youth residential centre order" substitute "a youth justice custodial order".
(4) In section 32(2D) of the Sentencing Act 1991 —
(a) in paragraph (a), after "offender" (where first occurring) insert "(other than a young offender who is a child within the meaning of the Youth Justice Act 2024 )";
(b) for "a youth justice centre order or a youth residential centre order" substitute "a youth justice custodial order".
(5) After section 32(2D) of the Sentencing Act 1991 insert —
"(2E) Despite subsection (1), (2C) or (2D), a court must not make a youth justice custodial order if the court is reasonably satisfied that the young offender has previously—
(a) engaged in conduct that caused serious harm to, or posed a risk of serious harm to, the health, wellbeing or safety of any other person in a youth justice custodial centre or when otherwise in the custody of the Secretary; or
(b) engaged in conduct or incited conduct that was seriously or repeatedly disruptive so as to adversely impact the security or stability of a youth justice custodial centre.".
(6) In section 32(3) of the Sentencing Act 1991 , for "youth justice centre or youth residential centre" substitute "youth justice custodial centre".