28Subsequent dealing—children’s community service orders to be taken into account

28 Subsequent dealing—children’s community service orders to be taken into account

28 Subsequent dealing—children’s community service orders to be taken into account

(1) If a person in respect of whom a children’s community service order is made is subsequently dealt with by a court for the offence in respect of which the order was made, the court, in so dealing with the person, shall take into account—

(a) the fact that the order was made,

(b) any thing done under the order, and

(c) the number of hours of community service work performed by the person under the order.

(2) If a person in respect of whom a children’s community service order is made is subsequently dealt with by a court for the offence in respect of which the order was made, the person shall be deemed to have a right of appeal against the manner in which the person is dealt with—

(a) in the case of a decision of the Children’s Court or the Local Court—under Part 3 of the Crimes (Appeal and Review) Act 2001, or

(b) in the case of a decision of the District Court or the Supreme Court—under section 5 (1) (other than paragraph (a) or (b)) of the Criminal Appeal Act 1912 as if—

(i) the person were a person convicted on indictment, and

(ii) the manner in which the person is dealt with were a sentence passed on his or her conviction.

s 28: Am 1998 No 137, Sch 2.2; 2001 No 121, Sch 2.37 [6]; 2007 No 94, Sch 2; 2015 No 15, Sch 2.5.