280Making a youth control order

280 Making a youth control order

(1) The Children's Court may make an order for the supervision and control of a child if the Court—

(a) finds the child guilty of one or more offences whether indictable or summary; and

(b) considers that the child would otherwise be sentenced to detention in a youth justice custodial centre as a result of the gravity or habitual nature of the child's unlawful behaviour.

(2) The Children's Court must not make a youth control order unless—

(a) the offence or one of the offences committed by the child is punishable by imprisonment; and

S. 280(2)(b) amended by No. 41/2025 s. 3(Sch. 1 item 35.3).

(b) the Court has made inquiries of the Secretary and is satisfied that the child is a suitable person to be placed on a youth control order; and

(c) the child consents to a youth control order being made; and

(d) a youth justice plan has been developed for the child.

(3) In determining whether to make a youth control order, the Children's Court must have regard to the following—

(a) the child's behaviour on any bail supervision program in which the child has participated;

(b) the child's behaviour while remanded in custody, if applicable;

(c) the extent to which the child has acknowledged responsibility for their offending;

(d) the availability of education, training or work opportunities (whether paid or unpaid) for the child;

(e) the child's willingness to engage in education, training or work (whether paid or unpaid);

(f) the youth justice planning meeting report in respect of the child for the offending;

(g) any pre-sentence report;

(h) any previous pre-sentence report and a supplementary pre-sentence report, if applicable;

(i) any other matter the Court considers relevant.

See Division 3 of Part 9.2 in relation to pre-sentence reports, previous pre-sentence reports and supplementary pre-sentence reports.