Probation is a community-based order available under the Youth Justice Act 2024 (Vic). A probation order can only be made with the child’s consent.
A court must not impose a conviction if the child is aged under 15. For children aged 15 or over, a court can make a probation order with or without recording a conviction.
Probation is imposed in around 8% of cases sentenced in the Children’s Court (2023–24).
Duration of Probation Orders
For children aged under 15, a probation order generally lasts for 6 months. However, probation can last for up to 12 months if one of the offences has a maximum penalty of more than 10 years’ imprisonment.
For children aged 15 or over, a probation order generally lasts for 12 months. However, probation can last for up to 18 months if one of the offences has a maximum penalty of more than 10 years’ imprisonment. 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 can impose one or more additional developmental conditions (for example, requiring the child to undergo treatment or counselling).
The court can also impose a restrictive condition that requires the child to reside at a particular place, or with particular people.
Breach of Probation
If the child breaches the conditions of probation, the Children’s Court can vary the conditions, or cancel the probation order and impose another sentence.
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