221Submission in respect of unique and systemic background factors affecting child

221 Submission in respect of unique and systemic background factors affecting child

(1) If the Children's Court finds a child guilty of an offence, the child may request that the Court hear from, or receive written submissions from, any person or persons called by the child, on any unique systemic and background factors affecting the child, for the purpose of assisting the Court in determining what sentence to impose on the child.

(2) Without limiting subsection (1), a submission may—

(a) highlight the strengths and unique experiences of the child and their family and community; or

(b) focus on what the child has achieved and what is needed to support the child; or

(c) identify community-led, and culturally appropriate programs or responses that are available to the child.

(3) The Children's Court must hear a person called by a child under subsection (1), unless the Court is satisfied that there is some special reason that makes this unnecessary or inappropriate.

(4) If the Children's Court declines to hear a person called by a child under subsection (1), the Court must give reasons for doing so.

(5) If a child does not make a request for a person to make a submission, the Children's Court may suggest to the child that it may be of assistance to the Court to hear a person or persons called by the child on any of the matters referred to in subsections (1) and (2).

Part 7.3—Deferral of sentencing