Total sentence of detention
328 Total sentence of detention
If the Children's Court convicts a child of 2 or more offences, the Court may impose a total sentence of detention in respect of those offences instead of a separate sentence of detention in respect of all or any 2 or more of them.
The term of the total sentence of detention must not exceed the total effective period of detention that could have been imposed in respect of the offences in accordance with this Act if the Children's Court had imposed a separate sentence of detention in respect of each of them.
If the Children's Court imposes a total sentence of detention in respect of 2 or more offences, the Court—
is not required to identify separate events giving rise to specific charges; and
is not required to announce—
the sentences that would have been imposed for each offence, had separate sentences been imposed; or
whether those sentences would have been imposed concurrently or cumulatively.
A total sentence of detention may be imposed in respect of convictions for offences that are the subject of a rolled-up charge or a representative charge.
Nothing in this section affects the requirements of—
section 237 (sentence discount for guilty plea); or
section 325 (making a youth justice custodial order).
This Act’s bill:Explanatory memorandumSecond reading speech
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