Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 416

Hearing of adjourned case

(1)     The Court may, on application by the child, re-list an adjourned case at short notice if the Court considers it appropriate to do so.

    (2)     Notice of an application under subsection (1) setting out the grounds of the application must be given to—

        (a)     the Court; and

        (b)     the informant; and

        (c)     if appropriate, the Secretary.

    (3)     On the adjourned hearing date, the Court must, in determining the appropriate sentence for a child, have regard to—

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

        (b)     any pre-sentence report ordered under section 414(2)(b); and

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

        (d)     any group conference report ordered under section 414(2)(c); and

        (e)     any other relevant matter.

Note

See section 362(3) for effect on sentence of participation in a group conference.

    (4)     If a child is found guilty of an offence during a period of deferral under section 414, or a group conference does not proceed, the Court may—

        (a)     re-list the adjourned case at short notice; and

        (b)     on the adjourned hearing make any order which the Court could have made if it had not deferred sentence.

    (5)     If a child does not appear before the Court on the date fixed for sentence, the Court may order that a warrant to arrest the child be issued.

Division 12—Orders in addition to sentence



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