240Hierarchy of options for sentencing

240 Hierarchy of options for sentencing

(1) In sentencing a child for an indictable offence or a summary offence, the Children's Court may—

(a) dismiss the charge without a formal warning under section 243; or

(b) if satisfied that paragraph (a) is inappropriate in the circumstances, dismiss the charge with a formal warning under section 244; or

(c) if satisfied that paragraph (b) is inappropriate in the circumstances, impose a fine or make a good behaviour order; or

(d) if satisfied that paragraph (c) is inappropriate in the circumstances, make a community service order; or

(e) if satisfied that paragraph (d) is inappropriate in the circumstances, make a probation order; or

(f) if satisfied that paragraph (e) is inappropriate in the circumstances, make a youth supervision and support order; or

(g) if satisfied that paragraph (f) is inappropriate in the circumstances, make a youth control order; or

(h) if satisfied that paragraph (g) is inappropriate in the circumstances, make a youth justice custodial order.

1. If the Children's Court is of the opinion that sentencing should be deferred, the Court may defer sentencing under section 222.

2. Section 324 prevents the Children's Court from imposing a sentence of detention on a child who was under 14 years of age at the time of the offending unless the offence is a Category A serious youth offence, a Category B serious youth offence or any other offence the Court considers to be a serious and violent offence and the Court is reasonably satisfied that the child presents a serious risk to community safety.

(2) The sentences of a fine and a good behaviour order are at the same level and either of those sentences may be imposed on a child for an offence without the Children's Court considering whether the other is inappropriate.

(3) In addition to any sentence referred to in subsection (1), the Children's Court may order a child—

(a) to make restitution or pay compensation in accordance with section 329; or

(b) to pay costs.

(4) The Children's Court must not make an order referred to in subsection (3) a special condition of another sentence.

(5) If under any Act other than this Act a court is authorised on a conviction for an offence—

(a) to make an order with respect to any property or thing the subject of or in any way connected with the offence; or

(b) to impose any disqualification or like penalty on the person convicted—

the Children's Court, if it finds a child guilty of that offence, may make any such order or impose any such disqualification or penalty despite the child not being convicted of the offence.