878CYFA probation orders—revocation and imposition of sentence more severe in the hierarchy

878 CYFA probation orders—revocation and imposition of sentence more severe in the hierarchy

Despite section 872, on or after the commencement day, if the Children's Court is satisfied in accordance with section 384(5) of the Children, Youth and Families Act 2005, as in force immediately before the commencement day, that a person subject to a CYFA probation order has failed to observe a condition, or amended condition, of the order (irrespective of when the failure occurred) the Court must not revoke the order and impose a sentence under this Act that is more severe unless—

(a) during the term of the CYFA probation order, the person commits an offence punishable on first conviction with imprisonment for a term of 5 years or more; or

(b) the conditions of the CYFA probation order or the support or assistance offered to the person during the remaining term of the order cannot be varied in a way that would make the order suitable for the person.