Victorian Current Acts

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YOUTH JUSTICE ACT 2024 - SECT 227

Hearing of adjourned case

    (1)     On hearing an adjourned case on the date fixed for sentence under section 224, the Children's Court must sentence the child.

    (2)     On hearing an adjourned case under section 225 or 226, the Children's Court may—

        (a)     sentence the child; or

        (b)     further adjourn the case to a date fixed for sentence and exercise any of the powers under section 224(1) or (2) (as the case requires).

    (3)     If the Children's Court further defers sentencing the child under subsection (2), the total period of all deferrals of the sentencing must not exceed 2 months.

    (4)     In determining what sentence to impose on the child, the Children's Court must have regard to—

        (a)     the child's behaviour during the period of deferral; and

        (b)     any pre-sentence report ordered under Division 3 of Part 9.2; and

        (c)     if the child participated in a pre-sentence group conference, the fact of that participation and the pre-sentence group conference report; and

        (d)     if the child participated in a youth justice planning meeting, the fact of that participation and the youth justice planning meeting report; and

        (e)     any other matter the Court considers relevant.

Note

See section 238 for the effect on sentence of participation in a pre-sentence group conference.

    (5)     If the child does not appear before the Children's Court on the date fixed for sentence or for the hearing of the adjourned case, a magistrate constituting the Court may issue a warrant to arrest the child.

Part 7.4—Pre-sentence group conferences



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