222Children's Court may defer sentencing

222 Children's Court may defer sentencing

(1) The Children's Court may defer sentencing a child found guilty of an offence if—

(a) the Court is of the opinion that in the interests of the child sentencing should be deferred; and

(b) the deferral is for one or more of the reasons set out in subsection (2); and

(c) the child consents to the deferral of sentencing.

(2) Sentencing may be deferred for one or more of the following reasons—

(a) to allow the child to demonstrate positive development or rehabilitation;

(b) to allow the child to participate in activities or programs that support the child's positive development or rehabilitation, including through supervision by the Secretary;

(c) to allow the child to participate in a youth justice planning meeting if the Children's Court is considering making a youth supervision and support order or a youth control order;

See sections 275 and 282 for requirements relating to ordering a youth justice planning meeting.

(d) to allow the child to participate in a pre-sentence group conference if the Children's Court is considering making a community service order, probation order, youth supervision and support order, youth control order or youth justice custodial order and—

(i) the Court is of the opinion, after consultation with the Secretary, that the child is suitable to participate in the conference; and

(ii) the child consents to participate in the conference;

(e) to provide the child an opportunity to receive a reduced sentence if the child demonstrates positive engagement during the deferral period;

(f) the Children's Court otherwise considers it appropriate.

(3) If the Children's Court defers sentencing, it must advise the child that when the Court later sentences the child, the Court must have regard to—

(a) the child's behaviour during the period of deferral; and

(b) any applicable matters set out in section 227(4)(b), (c), (d) or (e) and advise the child of those matters.

(4) The Children's Court must not defer sentencing for the sole purpose of obtaining a pre-sentence report or any other report.

(5) However, if the Children's Court has deferred sentencing, nothing in this section prevents the Court ordering a pre-sentence report in accordance with Division 3 of Part 9.2.