356AExceptional circumstances

356A Exceptional circumstances

(1) For the purposes of section 356(3)(b), exceptional circumstances exist, in relation to a charge referred to in section 356(3) in respect of a child, if the Court considers that the sentencing options available to it under this Act are inadequate to respond to the child's offending.

(2) In determining whether the sentencing options available to the Court under this Act are inadequate to respond to the child's offending, the Court must have regard to—

(a) the seriousness of the conduct alleged, including the impact on any victims of the conduct and the role of the accused in the conduct; and

(b) the nature of the offence concerned; and

(c) the age and maturity of the child, and any disability or mental illness of the child, at the time of the offence and the time of sentencing; and

(d) the seriousness, nature and number of any prior offences committed by the child; and

(e) whether the alleged offence was committed while the child was in youth detention, on parole or in breach of an order made under this Act; and

(f) any other matter the Court considers relevant.

Example to s. 356A(2) inserted by No. 54/2025 s. 15.

If the child has previously committed a number of serious armed robberies or aggravated burglaries, the seriousness, nature and number of those offences.

Ch. 5 Pt 5.2 Div. 3A (Heading and ss 356B–356K) inserted by No. 43/2017 s. 59.