262Imposing a supervised order with or without conviction

262 Imposing a supervised order with or without conviction

(1) An order specified in subsection (4) may be made with or without a conviction recorded if the child in respect of whom the order is made is 15 years of age or over on the day of sentencing.

(2) An order specified in subsection (4) must be made without a conviction recorded if the child in respect of whom the order is made is under 15 years of age on the day of sentencing.

(3) In determining whether to record a conviction, the Children's Court must—

(a) have regard to all of the circumstances of the case, including the following—

(i) the nature of the offence, including the impact on any victim of the offence;

(ii) the child's age at the time of the offence and at the time of sentencing;

(iii) the child's history of offending (if any);

(iv) the moral culpability of the child for the offence, having regard to the personal characteristics of the child, such as any disability or relevant impairment;

(v) the impact of recording a conviction on the child's prospects of rehabilitation, social wellbeing and finding or retaining employment; and

(b) ensure, as far as practicable, that the matter of the child's rehabilitation is given more weight than any other individual matter that is being considered.

(4) The specified orders are—

(a) a community service order; or

(c) a youth supervision and support order; or

Division 2—Community service orders