Div 1Presumption against imposing sentence of detention on certain children

Division 1—Presumption against imposing sentence of detention on certain children

324 Court not to impose a sentence of detention on child who is under 14 years of age at time of offence except in certain circumstances

The Children's Court must not impose a sentence of detention on a child who it finds guilty of an offence if, at the time the offence was committed, the child was under 14 years of age unless—

(a) the offence is—

(i) a Category A serious youth offence; or

(ii) a Category B serious youth offence; or

(iii) any other offence against a person that the Court considers to be serious and violent; and

(b) the Court is reasonably satisfied that the child presents a serious risk to community safety.

Division 2—Youth justice custodial orders