Victorian Current Acts Victorian Current ActsS. 32(1) amended by Nos 48/1997 ss 16(2), 17(3), 48/2006 s. 42(Sch. item 32.6), 43/2017 s. 21(1), 48/2018 s. 84(2).
(1) Subject to subsections (2A), (2B), (2C) and (2D), if a sentence involving confinement is justified in respect of a young offender a court may make a youth justice centre order or a youth residential centre order if it has received a pre-sentence report and—
(a) it believes that there are reasonable prospects for the rehabilitation of the young offender; or
(b) it believes that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison.
S. 32(2) amended by Nos 48/1997 s. 17(3), 48/2006 s. 42(Sch. item 32.6), 48/2018 s. 84(3).
(2) In determining whether to make a youth justice centre order or a youth residential centre order, a court must have regard to—
(a) the nature of the offence; and
S. 32(2)(b) amended by No. 48/1997 s. 16(1).
(b) the age, character and past history of the young offender.
S. 32(2A) inserted by No. 48/1997 s. 16(3), amended by No. 48/2006 s. 42(Sch. item 32.6).
(2A) A court must not make a youth justice centre order in respect of a young offender who at the time of being sentenced is under the age of 15 years.
S. 32(2B) inserted by No. 48/1997 s. 17(4), amended by No. 45/2019 s. 50(3).
(2B) A court must not make a youth residential centre order in respect of a young offender who at the time of being sentenced is aged 15 years or more.
S. 32(2C) inserted by No. 43/2017 s. 21(2).
(2C) If a young offender is to be sentenced for a category A serious youth offence, a court must not make a youth justice centre order or a youth residential centre order in respect of the young offender unless the court is satisfied that exceptional circumstances exist.
S. 32(2D) inserted by No. 43/2017 s. 21(2).
(2D) If—
(a) a young offender is to be sentenced for a category B serious youth offence; and
(b) the young offender has previously been convicted of another offence that is a category A serious youth offence or a category B serious youth offence—
a court must not make a youth justice centre order or a youth residential centre order in respect of the young offender unless the court is satisfied that exceptional circumstances exist.
S. 32(3) amended by Nos 48/1997 ss 16(4), 17(5), 48/2006 s. 42(Sch. item 32.7).
(3) The maximum period for which a court may direct that a young offender be detained in a youth justice centre or youth residential centre is—
S. 32(3)(a) amended by No. 48/1997 s. 16(5)(a).
(a) if the court is the Magistrates' Court—2 years; and
S. 32(3)(b) amended by Nos 48/1997 s. 16(5)(b), 43/2017 s. 58.
(b) if the court is the County Court or the Supreme Court—4 years.
S. 32(4) amended by No. 48/1997 s. 16(1).
(4) Subsection (3) applies irrespective of how many offences the young offender is convicted of in the same proceeding.
S. 32(5) amended by No. 48/1997 ss 16(6), 17(6).
(5) If—
S. 32(5)(a) amended by No. 48/1997 ss 16(4), 17(6).
(a) a sentence of detention is imposed on a young offender already under such a sentence; and
(b) the subsequent sentence is cumulative on the prior sentence; and
(c) the aggregate of the periods of the unexpired portion of the prior sentence and the subsequent sentence exceeds the relevant maximum period set out in subsection (3)—
the subsequent sentence must be taken to be a sentence that the young offender be detained after the completion of the prior sentence for the period then remaining until that maximum period is reached.
S. 32A inserted by No. 43/2017 s. 8.