Youth Justice Act 2005

If the Court finds a charge proven against a youth it may, whether or not it proceeds to conviction, do one or more of the following:

dismiss the charge for the offence;

discharge the youth without penalty;

adjourn the matter for a period not exceeding 6 months and, if during that period the youth does not commit a further offence, discharge the youth without penalty;

adjourn the matter to a specified date not more than 12 months from the date of the finding of guilt, and grant bail to the youth in accordance with the Bail Act 1982:

for the purpose of assessing the youth's capacity and prospects for rehabilitation; or

for the purpose of allowing the youth to demonstrate that rehabilitation has taken place; or

for any other purpose the Court considers appropriate in the circumstances;

order the youth to participate in a program approved by the

order that the youth be released on his or her giving such security as the Court considers appropriate that he or she will:

appear before the Court if called on to do so during the period, not exceeding 2 years, specified in the order; and

be of good behaviour for the period of the order; and

observe any conditions imposed by the Court (see

fine the youth not more than the maximum penalty that may be imposed under the relevant law in relation to the offence (see Division 5);

make a community work order that the youth participate in an approved project for the number of hours, not exceeding 480 hours, specified in the order (see Division 6);

order that the youth serve a term of detention or imprisonment that is suspended wholly or partly (see Division 7);

order that the youth serve a term of detention or imprisonment that is suspended on the youth entering into an alternative detention order (see Division 8);

order that the youth serve a term of detention or imprisonment that is to be served periodically under a periodic detention order (see Division 9);

order that the youth serve a term of detention or imprisonment;

make any other order in respect of the youth that another court could make if the youth were an adult convicted of that offence other than a community correction order or intensive community correction order under the Sentencing Act 1995.

If the Court orders that the youth serve a term of detention or imprisonment, the term must not exceed the lesser of:

the maximum period that may be imposed under the relevant law in relation to the offence; or

for a youth who is:

15 years of age or more – 2 years; or

less than 15 years of age – 12 months.

The Court must not order the imprisonment of a youth who is less than 15 years of age.

If the Supreme Court remits a case to the Youth Justice Court under section 82(1)(c), the Youth Justice Court must deal with the youth as if the youth had been found guilty of the offence in that Court.

This section does not limit the power of the Supreme Court to impose on a youth a sentence it could otherwise impose on him or her.