Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 408

    (1)     A person subject to a youth attendance order who—

        (a)     commits an offence during the period that the youth attendance order is in force; or

        (b)     does not report to the Secretary as specified under section 399(1)(c) or 403(2) (as the case requires); or

        (c)     fails to attend the youth justice unit as specified in a notice under section 402(2) or at an alternative time and on an alternative day fixed under section 402(5) without being excused from attending; or

        (d)     fails to comply with an extension of the term of the youth attendance order under section 402(6); or

        (e)     contravenes any provision of a regulation made for the purposes of this Division; or

        (f)     contravenes any reasonable direction of the Secretary under section 406 or 407(1); or

        (g)     refuses to work as directed during an attendance at a youth justice unit; or

        (h)     is absent from or leaves—

              (i)     a youth justice unit; or

              (ii)     any other place at which the person has been directed to be present under section 406(b)—

without reasonable excuse at a day and time when the person is required to be present; or

              (i)     fails to observe any other requirement or special condition imposed by the Court under section 399—

must be taken to have breached the youth attendance order.

    (2)     Subject to subsection (3), on application to the Court by the Secretary, the Court may, if it is satisfied that a person has breached a youth attendance order, make—

        (a)     an order varying the youth attendance order, but not extending the term of the order; or

        (b)     an order confirming the youth attendance order and directing the person to comply with the youth attendance order; or

S. 408(2)(c) amended by No. 68/2009 s. 68(1)(i).

        (c)     an order revoking the youth attendance order and imposing any sentence that the Court thinks just but must not make an order for the person to be kept in custody for a period longer than the period of the breached youth attendance order; or

S. 408(2)(d) amended by No. 68/2009 s. 68(1)(i).

        (d)     if the youth attendance order has expired, imposing any sentence that the Court thinks just, but must not make an order for the person to be kept in custody for a period longer than the period of the breached youth attendance order.

    (3)     If a breach of a youth attendance order is constituted by—

        (a)     any act the subject of a charge before a court, any proceeding for the breach must be commenced not later than 3 months after a finding of guilt in respect of the charge; or

        (b)     any other act, any proceeding for the breach must be commenced not later than 14 working days after the alleged breach.

    (4)     If at any time during the period that a youth attendance order is in force it appears to the Secretary that the person subject to the order has breached it, the Secretary may cause the person to be served, by post or otherwise, with a notice to appear before the Court at a specified time.

    (5)     In dealing with an application under subsection (2), the Court must take into account—

        (a)     a report on the person prepared by the Secretary; and

        (b)     the fact of the making of the youth attendance order; and

        (c)     the extent to and the manner in which the person has complied with the youth attendance order.

    (6)     If—

        (a)     a notice is served on a person under subsection (4) and he or she fails to appear before the Court at the time specified and the Court is satisfied that the notice has come to the attention of the person; or

        (b)     service of a notice under subsection (4) cannot be effected—

the Court may direct that a warrant to arrest the person be issued.

(7)     A person alleged to have breached a youth attendance order must appear or be brought before the Court—

        (a)     constituted by the magistrate who sentenced the person, if he or she still holds the office of magistrate; or

        (b)     constituted by any other magistrate—

S. 408(7)(b)(i) amended by No. 26/2012 s. 7(1).

              (i)     if the first-mentioned magistrate does not still hold the office of magistrate or it is otherwise impracticable for the first-mentioned magistrate to constitute the Court; or

              (ii)     with the person's consent.

S. 408(8) repealed by No. 26/2012 s. 7(2).

    *     *     *     *     *