Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 426

    (1)     An appeal under section 424 must be conducted as a rehearing and the appellant is not bound by the plea entered in the Children's Court.

Note to s. 426(1) inserted by No. 28/2016 s. 11.

Note

Division 7A of Part 8.2 of the Criminal Procedure Act 2009 provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court.

    (2)     On the hearing of an appeal under section 424, the appellate court—

        (a)     must set aside the sentence of the Children's Court; and

        (b)     subject to this section, may impose any sentence which the appellate court considers appropriate and which the Children's Court imposed or could have imposed; and

        (c)     may exercise any power which the Children's Court exercised or could have exercised.

S. 426(3) amended by No. 30/2010 s. 44(2).

    (3)     On the hearing of an appeal under section 424 (other than an appeal referred to in subsection (6) of this section), the appellate court must warn the appellant, as early as possible during the hearing, that the appellant faces the possibility that a more severe sentence may be imposed than that imposed by the Children's Court.

    (4)     The appellate court may backdate a sentence imposed under subsection (2) to a date not earlier than the date of the sentence of the Children's Court that was set aside on the appeal.

    (5)     A sentence imposed under subsection (2) is for all purposes to be regarded as a sentence of the appellate court.

    (6)     If an appellant appeals against an order made under section 363, 365 or 367, the appellate court may—

        (a)     dismiss the charge against the appellant; or

        (b)     make an order in the same terms as the order of the Children's Court—

but must not impose any other sentence.

Note

Orders under sections 363, 365 and 367 are orders for non‑accountable undertakings, accountable undertakings and good behaviour bonds respectively.

S. 426(7)(8) repealed by No. 30/2010 s. 32.

    *     *     *     *     *

    (9)     On an appeal under this section, the appellate court may, despite anything to the contrary in this Act, make a probation order, youth supervision order or youth attendance order in respect of a person even though at the time of making that order the person is of or above the age of 19 years but under 21 years.

Division 2—Appeal by DPP against sentence

S. 427 substituted by No. 68/2009 s. 69.