Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 1129

After section 32 of the Sentencing Act 1991 insert —

        " 32AA     Court not to impose a sentence of detention on young offender who was under 14 years of age at time of offence other than in certain circumstances

    (1)     A court must not impose a sentence of detention on a young offender who it finds guilty of an offence if, at the time the offence was committed, the young offender was under 14 years of age.

    (2)     Despite subsection (1), a court may make any order under this Act, including imposing a sentence of detention, if—

        (a)     the offence is—

              (i)     a Category A serious youth offence; or

              (ii)     a Category B serious youth offence; or

              (iii)     any other offence against the person that the court considers to be serious and violent; and

        (b)     the Court considers that the young offender presents a serious risk to community safety.".