Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 211

In determining what sentence to impose on a child for an offence, the Children's Court may take into account only the following—

        (a)     any pre-sentence report, and any supplementary pre-sentence report, in respect of the child and the evidence, if any, of its author;

        (b)     any pre-sentence group conference report in respect of the child and the evidence, if any, of the pre-sentence group conference convenor;

        (c)     any youth justice planning meeting report in respect of the child;

        (d)     any report, submission or evidence given, made or tendered by or on behalf of the child;

        (e)     any offences of which the child has been found guilty before the commission of the offence under consideration;

        (f)     any submission on sentencing made by—

              (i)     the informant; or

              (ii)     the prosecutor; or

              (iii)     any person appearing on behalf of the Crown;

        (g)     any victim impact statement including a report attached to it under section 212;

        (h)     any submission under section 221 on the unique systemic and background factors affecting the child;

              (i)     any specialist assessment report in respect of the child;

        (j)     any progress report in respect of the child;

Note

The Children's Court may order a progress report in certain circumstances—see Division 9 of Part 9.2.

        (k)     any information provided to the Court by the DFFH Secretary or an Aboriginal agency under Part 9.1.