Probation is a community-based order available under the Children, Youth and Families Act 2005 (Vic).
Probation is imposed in around 8% of cases sentenced in the Children’s Court (2023–24).
Duration of Probation Orders
The duration of a probation order is generally 12 months. However, the order may be up to 18 months if:
- the offence is punishable by imprisonment of more than 10 years or
- the child has been found guilty of more than one offence.
Probation cannot extend beyond a person’s 21st birthday.
Probation Conditions
The child must obey certain conditions for the duration of probation, including:
- reporting to a youth justice worker when required
- not reoffending
- obeying any instructions of a youth justice worker
- notifying the youth justice worker of any change in address, school or employment
- not leaving Victoria without permission.
The Children’s Court may impose additional conditions, for example, requiring the child to undergo treatment or counselling, reside at a particular place, or abide by a curfew.
Breach of Probation
If the child breaches the conditions of probation, the Children’s Court may:
- confirm the probation order
- vary, add or substitute any condition of the order
- revoke probation and impose another sentence.
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