5Making of children’s community service orders

5 Making of children’s community service orders

5 Making of children’s community service orders

(1) If, in dealing with a person to whom this Act applies, a court would, but for this section—

(a) make an order imposing a sentence of imprisonment on the person, or

(b) make an order under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987 in respect of the person,

the court may, instead of making that order, make an order requiring the person to perform community service work.

(1A) An order under this section in respect of a person who has pleaded guilty to, or been found guilty or convicted of, an offence other than a graffiti offence may recommend that the community service work to be performed by the person in respect of whom the order is made should include—

(a) the removal of graffiti from buildings, vehicles, vessels and places, and

(b) the restoration of the appearance of buildings, vehicles, vessels and places consequent on the removal of graffiti from them.

Note.

See section 11 (3) in relation to community service orders in relation to graffiti offences.

(1B) An order under this section may recommend that the community service work to be performed by the person in respect of whom the order is made should include participation in a personal development, educational or other program.

(2) A court that is exercising the functions of the Children’s Court under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987 shall not exercise its powers under this section otherwise than in accordance with the provisions of that Division.

(3) A court, other than a court that is exercising the functions of the Children’s Court under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987, shall not exercise its powers under this section in relation to an offence if it has given or made, or proposes to give or make, a direction or order under Division 3 of Part 2 of the Crimes (Sentencing Procedure) Act 1999 in relation to the same offence.

s 5: Am 1994 No 90, Sch 3 (1); 1999 No 94, Sch 4.3; 2008 No 54, Sch 2.1 [2]; 2012 No 57, Sch 1.1 [2] [3].