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Youth Justice Act 2005
80DCommunity court sentencing procedure
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80D Community court sentencing procedure
(1) If the Youth Justice Court grants an application under
section 80C(3), the Court must:
(a) sit and hear the proceedings at the place specified in the
youth's application; and
(b) make an order under section 83 in relation to the offence at
the place.
(2) Before making the order under section 83, the Court:
(a) must consider an Aboriginal experience report in respect of
the youth and the offence; and
(b) may consider the responses given to any questions asked of
the approved members of the Law and Justice Group who
prepared the report as mentioned in subsection (5).
(3) Sections 72, 73 and 75 apply to an Aboriginal experience report as
if the report was requested, received or prepared under Division 2.
(4) The Court may adjourn the proceedings to enable the Aboriginal
experience report to be prepared.
(5) After receiving the Aboriginal experience report the Court may, in
relation to the information contained in the report:
(a) ask questions of the approved members of the Law and
Justice Group who prepared the Aboriginal experience report;
and
(b) allow another person to ask questions of the approved
members of the Law and Justice Group who prepared the
Aboriginal experience report.
(6) The response given to a question asked under subsection (5) may
be given in writing or orally.
(7) To avoid doubt, this section does not limit the matters the Court
would ordinarily consider in imposing a sentence on the youth.
Youth Justice Act 2005 54