Sections 410 and Sections 412 of the Children, Youth and Families Act 2005 (Vic) set out the power of a Magistrate or Judge to order detention in a Youth Residential Centre or Youth Justice Centre.
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These sentencing options are available for young offenders (under 15 in the case of a Youth Residential Centre Order, and 15 and over but under 21 in the case of Youth Justice Centre Order).
Both Orders involve the confinement of the young person and the removal of their liberty, and so clearly have a punitive effect. For this reason, a Youth Residential Centre or Youth Justice Centre order is seen as a measure of last resort. Indeed, the Children, Youth and Families Act 2005 (Vic) requires the sentencer to be satisfied that no other sentence is appropriate before impose either a Youth Justice Centre or Youth Residential Centre order (see sections 410 and 412 of the Act.)
A Magistrate or Judge must defer sentencing to obtain a pre-sentence report before they impose either a Youth Justice Centre or Youth Residential Centre order.
Detention in Youth Residential Centre or Youth Justice Centre can be made for a maximum of 2 years in the Magistrates Court, and 3 years in the County Court. Detention in Youth Residential Centre or Youth Justice Centre involves the confinement of the young offender; however the underlying sentencing philosophy is to rehabilitate the offender. The young offender will be given various support services and rehabilitative programs that are not available in the adult prison system.
To ensure that you receive the lowest possible penalty, call and speak to one of our lawyers.
