Victorian Numbered Acts

CHILDREN AND JUSTICE LEGISLATION AMENDMENT (YOUTH JUSTICE REFORM) ACT 2017 (NO. 43 OF 2017) - SECT 21

    (1)     In section 32(1) of the Sentencing Act 1991 , for "and (2B)" substitute "(2B), (2C) and (2D)".

    (2)     After section 32(2B) of the Sentencing Act 1991 insert —

    "(2C)     If a young offender is to be sentenced for a category A serious youth offence, a court must not make a youth justice centre order or a youth residential centre order in respect of the young offender unless the court is satisfied that exceptional circumstances exist.

    (2D)     If—

        (a)     a young offender is to be sentenced for a category B serious youth offence; and

        (b)     the young offender has previously been convicted of another offence that is a category A serious youth offence or a category B serious youth offence—

a court must not make a youth justice centre order or a youth residential centre order in respect of the young offender unless the court is satisfied that exceptional circumstances exist.".

Division 2—Amendments of the Children, Youth and Families Act 2005