Victorian Current Acts Victorian Current Acts(1) The Children's Court may make an order for the supervision and control of a child if the Court—
(a) finds the child guilty of one or more offences whether indictable or summary; and
(b) considers that the child would otherwise be sentenced to detention in a youth justice custodial centre as a result of the gravity or habitual nature of the child's unlawful behaviour.
(2) The Children's Court must not make a youth control order unless—
(a) the offence or one of the offences committed by the child is punishable by imprisonment; and
(b) the Court has made enquiries of the Secretary and is satisfied that the child is a suitable person to be placed on a youth control order; and
(c) the child consents to a youth control order being made; and
(d) a youth justice plan has been developed for the child.
(3) In determining whether to make a youth control order, the Children's Court must have regard to the following—
(a) the child's behaviour on any bail supervision program in which the child has participated;
(b) the child's behaviour while remanded in custody, if applicable;
(c) the extent to which the child has acknowledged responsibility for their offending;
(d) the availability of education, training or work opportunities (whether paid or unpaid) for the child;
(e) the child's willingness to engage in education, training or work (whether paid or unpaid);
(f) the youth justice planning meeting report in respect of the child for the offending;
(g) any pre-sentence report;
(h) any previous pre-sentence report and a supplementary pre-sentence report, if applicable;
(i) any other matter the Court considers relevant.
Note
See Division 3 of Part 9.2 in relation to pre-sentence reports, previous pre-sentence reports and supplementary pre-sentence reports.