The Children’s Court may impose a probation order on a child found guilty of an offence. Probation is the least intensive supervisory order available under the Children, Youth and Families Act 2005.
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 for more than 10 years, or the child has been found guilty of more than one offence.
The child must obey certain conditions for the duration of probation, including:
- reporting to relevant personnel, usually a youth justice worker, when required
- not reoffending
- obeying any instructions of a youth justice worker
- reporting any changes of address, school, or employment
- not leaving Victoria without permission.
The Children’s Court may impose additional conditions, for example, that the child must attend school, reside at a particular place, undergo treatment or counselling, or not use alcohol or drugs.
If the offender breaches the conditions of probation, the 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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