When and how a youth control order may be revoked

When and how a youth control order may be revoked

This content is intended as information for lawyers appearing in the Children’s Court with clients who may be placed on a youth control order (YCO). If you are not a lawyer but have been referred to a youth control order planning meeting, you should contact your lawyer, youth justice worker or Children’s Court planning meeting convenor with any questions you may have.

Section 409Q provides for revocation of a YCO where:

  • the child has breached the order by failing to comply to such an extent that he or she is no longer suitable for the order
  • the child has committed an offence punishable on first conviction with imprisonment for life or a term of five or more years
  • the child, the child's parent (if the child is under 15), the secretary or, if the child is convicted of an offence punishable on first conviction with imprisonment for life or a term of five or more years during the term of the YCO, a police officer, has made application.

There are time limits for an application for revocation depending on the type of breach:

  • if based on new charges, within three months of the finding of guilt
  • any other act, within 14 working days after the alleged breach.

If a YCO is revoked, the court must impose a sentence of detention unless the court considers that this is not appropriate because exceptional circumstances exist: s. 409R(1).

The length of the detention must not be for a period longer than the remaining period of the YCO: s. 409R(2).

The court must have regard to both the period the YCO has been in force and the extent of compliance with the order: s. 409R(3).

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