362Matters to be taken into account

362 Matters to be taken into account (1) In determining which sentence to impose on a child, the Court must, as far as practicable, have regard to— (a) the need to strengthen and preserve the relationship between the child and the child's family; and (b) the desirability of allowing the child to live at home; and (c) the desirability of allowing the education, training or employment of the child to continue without interruption or disturbance; and (d) the need to minimise the stigma to the child resulting from a court determination; and (e) the suitability of the sentence to the child; and (f) if appropriate, the need to ensure that the child is aware that he or she must bear a responsibility for any action by him or her against the law; and S. 362(1)(fa) inserted by No. 54/2025 s. 11(a). (fa) the need for the sentence to— (i) recognise the impact of the child's offending on any victim of that offending; and (ii) provide opportunities for the child to restore any harm caused by their offending; and (iii) take into account any steps the child has taken to restore such harm, to the extent that the child has the capacity to do so; and S. 362(1)(g) substituted by No. 43/2017 s. 24, amended by No. 8/2019 s. 90(3), substituted by No. 54/2025 s. 11(b).[[3]](#endnote-4) (g) the need to protect the community from any further offending by the child; and S. 362(1)(h) inserted by No. 43/2017 s. 42(b). (h) if appropriate, the need to deter the child from committing offences in remand centres, youth residential centres or youth justice centres. Note to s. 362(1) inserted by No. 32/2024 s. 785. Section 24C of the **Spent Convictions Act 2021** restricts how a court may use a spent childhood conviction (within the meaning of that Act) and information about the conduct to which a spent childhood conviction relates (2) In passing sentence on a child who has appeared before the Family Division or who is or has been the subject of an order of the Family Division (including a therapeutic treatment order), the Court must not impose a sentence more severe than it would have imposed had the child not so appeared or been the subject of such an order. (3) If a child has participated in a group conference and has agreed to the group conference outcome plan, the Court must impose a sentence less severe than it would have imposed had the child not participated in a group conference. S. 362(4) amended by No. 48/2006 s. 20. (4) If sentencing of a child is deferred for the purpose of the child's participation in a group conference and the child has failed to participate in the group conference, the Court must not impose a sentence more severe than it would have imposed had sentencing not been so deferred. S. 362(4A) inserted by No. 43/2017 s. 12(1). (4A) If sentencing of a child is deferred for the purpose of the child's participation in a youth control order planning meeting and the child has failed to participate in the meeting, the Court must not impose a sentence more severe than it would have imposed had sentencing not been so deferred. S. 362(5) inserted by No. 30/2010 s. 30. (5) If, in sentencing a child, the Court imposes a less severe sentence than it would otherwise have imposed because of an undertaking given by the child to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence, the Court must— (a) announce that it is doing so; and (b) cause to be noted in the records of the Court the fact that the undertaking was given and its details. S. 362(6) inserted by No. 30/2010 s. 30. (6) Nothing in subsection (5) requires the Court to state the sentence that it would have imposed but for the undertaking that was given. S. 362(7) inserted by No. 43/2017 s. 12(2). (7) A reference in subsection (3) or (4) to a group conference does not include a reference to a group conference ordered under section 409F(2)(g). S. 362A inserted by No. 8/2008 s. 4.