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Youth Justice Act 2005
83Orders Court may make
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83 Orders Court may make
(1) If the Court finds a charge proven against a youth it may, whether
or not it proceeds to conviction, do one or more of the following:
(a) dismiss the charge for the offence;
(b) discharge the youth without penalty;
(c) adjourn the matter for a period not exceeding 6 months and, if
during that period the youth does not commit a further offence,
discharge the youth without penalty;
(d) adjourn the matter to a specified date not more than
12 months from the date of the finding of guilt, and grant bail
to the youth in accordance with the Bail Act 1982:
(i) for the purpose of assessing the youth's capacity and
prospects for rehabilitation; or
(ii) for the purpose of allowing the youth to demonstrate that
rehabilitation has taken place; or
(iii) for any other purpose the Court considers appropriate in
the circumstances;
(e) order the youth to participate in a program approved by the
Minister, as specified in the order, and adjourn the matter for
that purpose (see Division 3);
(f) order that the youth be released on his or her giving such
security as the Court considers appropriate that he or she will:
(i) appear before the Court if called on to do so during the
period, not exceeding 2 years, specified in the order; and
(ii) be of good behaviour for the period of the order; and
(iii) observe any conditions imposed by the Court (see
Division 4);
(g) fine the youth not more than the maximum penalty that may
be imposed under the relevant law in relation to the offence
(see Division 5);
(h) make a community work order that the youth participate in an
approved project for the number of hours, not exceeding
480 hours, specified in the order (see Division 6);
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(i) order that the youth serve a term of detention or imprisonment
that is suspended wholly or partly (see Division 7);
(j) order that the youth serve a term of detention or imprisonment
that is suspended on the youth entering into an alternative
detention order (see Division 8);
(k) order that the youth serve a term of detention or imprisonment
that is to be served periodically under a periodic detention
order (see Division 9);
(l) order that the youth serve a term of detention or
imprisonment;
(m) make any other order in respect of the youth that another
court could make if the youth were an adult convicted of that
offence other than a community correction order or intensive
community correction order under the Sentencing Act 1995.
Example for subsection (1)(d)(iii)
Allowing a parent or responsible adult in respect of the youth to demonstrate
compliance with a family responsibility agreement.
(2) If the Court orders that the youth serve a term of detention or
imprisonment, the term must not exceed the lesser of:
(a) the maximum period that may be imposed under the relevant
law in relation to the offence; or
(b) for a youth who is:
(i) 15 years of age or more – 2 years; or
(ii) less than 15 years of age – 12 months.
(3) The Court must not order the imprisonment of a youth who is less
than 15 years of age.
(4) If the Supreme Court remits a case to the Youth Justice Court
under section 82(1)(c), the Youth Justice Court must deal with the
youth as if the youth had been found guilty of the offence in that
(5) This section does not limit the power of the Supreme Court to
impose on a youth a sentence it could otherwise impose on him or
her.
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