325Making a youth justice custodial order

325 Making a youth justice custodial order

(1) Subject to section 324 and subsection (2), if the Children's Court finds a child guilty of one or more offences, whether indictable or summary, the Court may order that the child be detained in a youth justice custodial centre.

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

(a) on the day of sentencing, the child is under 21 years of age; and

(b) the child is present before the Court; and

(c) the Court is satisfied that the circumstances and nature of the offence are sufficiently serious to warrant the making of a youth justice custodial order and that no other sentence is appropriate; and

(d) the offence is one punishable by imprisonment (other than for default in payment of a fine); and

(e) the Court has taken into account the following—

(i) any pre-sentence report ordered in accordance with Division 3 of Part 9.2;

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

(iii) any pre-sentence group conference report;

(iv) any previous contravention report.

(3) If the Children's Court makes a youth justice custodial order it must—

(a) record a conviction for the offence or offences in respect of which the order is made; and

(b) state in writing the reasons for the order; and

(c) cause the statement of reasons to be entered in the court register; and

(d) unless the Court otherwise orders, cause a copy of the written statement of reasons to be given or sent by post, or by electronic communication if so requested, within 21 days after the making of the order to—

(ii) the child's parents; and

(iii) any other parties to the proceeding; and

(e) if the child is an Aboriginal child, the Court must provide reasons outlining how it has had regard to the sentencing principles in section 210.

(4) The failure of the Children's Court to comply with subsection (3) does not invalidate the youth justice custodial order.