Victorian Numbered Acts

CHILDREN, YOUTH AND FAMILIES AMENDMENT (PERMANENT CARE AND OTHER MATTERS) ACT 2014 (NO. 61 OF 2014) - SECT 102

    (1)     In section 414(1) of the Principal Act, for "for a period not exceeding 4 months" substitute "in accordance with this section".

    (2)     In section 414(2) of the Principal Act—

        (a)     in paragraph (a), before "must adjourn" insert "subject to paragraph (ab),";

        (b)     after paragraph (a) insert —

    "(ab)     if the Court is considering convicting the child and ordering that the child be detained in a youth residential centre or a youth justice centre and the deferral of sentencing is for the purpose of the child's participation in a group conference, must adjourn the case to a fixed date for sentence and—

              (i)     release the child unconditionally; or

              (ii)     release the child on bail; or

              (iii)     remand the child in custody for a period not exceeding 21 clear days; and".

    (3)     After section 414(2) of the Principal Act insert —

    "(3)     The period for which sentencing may be deferred is—

        (a)     subject to paragraph (b), a period not exceeding 4 months; or

        (b)     if the child is remanded in custody under subsection (2)(ab)(iii), a period not exceeding 2 months.

    (4)     When a child is brought before the Court on the expiry of a period of remand in custody ordered under subsection (2)(ab)(iii), the Court must not remand the child in custody for a further period exceeding 21 clear days.

    (5)     Bail must not be refused to a child on the sole ground that the child does not have any, or any adequate, accommodation.".