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Children, Youth and Families Act 2005
394Matters to be taken into account
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394 Matters to be taken into account
(1) In considering what order to make under section 393, the Court may take into account—
(a) a report on the person prepared by the Secretary under subsection (2); and
(b) the fact of the making of the youth supervision order; and
(c) the extent to and the manner in which the person has complied with the youth supervision order.
(2) If a person is brought or appears before the Court under section 393, the Secretary must prepare a report on the person including—
(a) the nature and circumstances of the breach of the youth supervision order; and
(b) the extent to which and the manner in which the person has complied with the order; and
S. 394(2)(c) amended by No. 68/2009 s. 68(1)(h).
(c) the recommendation of the Secretary with respect to an appropriate sentence for the person; and
(d) any other relevant matter.
(3) Any statement made in a report under subsection (2) must be relevant to—
(a) the breach of the youth supervision order; and
S. 394(3)(b) amended by No. 68/2009 s. 68(1)(h).
(b) the sentence (if any) recommended in the report.
(4) A report under subsection (2) must be provided, after the Court is satisfied that a person has failed to observe any condition, or amended condition, of the order and before the Court makes an order under section 393, to—
(b) the person who is the subject of the report; and
(c) the legal practitioners representing the person; and
(d) any other person whom the Court has ordered is to receive a copy of the report.