Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 367

Good behaviour bond

    (1)     If the Court finds a child guilty of an offence, whether indictable or summary, the Court may, without conviction, adjourn the proceeding if it appears expedient to do so, having regard to all the circumstances of the matter including—

        (a)     the nature of the offence; and

        (b)     the character and antecedents of the child; and

        (c)     whether or not the child pleaded guilty.

    (2)     The period of an adjournment under this section must be specified by the Court and must not exceed—

        (a)     12 months; or

        (b)     if the child is aged 15 years or more on the day on which the proceeding is adjourned and the circumstances are exceptional, 18 months.

    (3)     An adjournment under this section must not be granted unless the child enters into a bond for an amount less than one half of the maximum fine that may be imposed on the child under section 373 on the following conditions—

        (a)     that the child appears, if so required by the Court, at the time to which the further hearing is adjourned;

        (b)     that the child appears before the Court, if required to do so, during the period of the adjournment;

        (c)     that the child is of good behaviour during the period of the adjournment;

        (d)     that the child observes any special conditions imposed by the Court.

(4)     A bond may be entered into in relation to one, or more than one, offence.

    (5)     Subject to this section, the Court may grant an adjournment under this section to a child who is serving or is about to serve a term of detention in respect of another offence and in such a case the period of the adjournment shall commence on the discharge of the child from detention by due course of law.

    (6)     Subject to subsection (5), a child who has entered into a bond under this section must be allowed to go at large.



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