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An overview of the current sentencing system in Victoria

Children's Court (<18 years)	Magistrates' Court (18 years +)
Children, Youth and Families Act 2005 Pre-Court Diversion Caution (5 year bond) Charge or Summons to Court Proven and dismissed Non-accountable undertaking (not exceeding 6 months or, in exceptional circumstances, 12 months) Accountable undertaking Good behaviour bond (with or without conditions) Conviction Fine Probation Youth Supervision Order Youth Attendance Order Youth Residential Centre Order (age 10-14) Youth Justice Centre Order (age 15 – 20)	Sentencing Act Pre-Court Diversion Caution-shopsteal < $100 only Drug diversion Charge or Summons to Court Proven and dismissed Good behaviour bond Conviction Fine Community Based Order (work and/or treatment) Suspended sentence Intensive Corrections Order 'jail on the outside' Combined Custody and Treatment Order (12 months) Imprisonment (YTC possible if < 21 years)
Sentencing/ diversion programs • Deferral of sentence (the court may defer sentencing the child for a period not exceeding 4 months) Juvenile Justice Group Conferencing	Sentencing/ diversion programs Deferral of sentence CREDIT (Court Referred Evaluation, Drug Intervention Treatment) Criminal Justice Diversion Program

Children's Court (<18 years)

Magistrates' Court (18 years +)

Children, Youth and Families Act 2005

Pre-Court Diversion

Caution (5 year bond)

Charge or Summons to Court

Proven and dismissed

Non-accountable undertaking (not exceeding 6 months or, in exceptional circumstances, 12 months)
Accountable undertaking
Good behaviour bond (with or without conditions)

Conviction

Fine

Probation

Youth Supervision Order

Youth Attendance Order

Youth Residential Centre Order
(age 10-14)

Youth Justice Centre Order
(age 15 – 20)

Sentencing Act

Pre-Court Diversion

Caution-shopsteal < $100 only
Drug diversion

Charge or Summons to Court

Proven and dismissed

Good behaviour bond

Conviction

Fine

Community Based Order
(work and/or treatment)

Suspended sentence

Intensive Corrections Order
'jail on the outside'
Combined Custody and Treatment Order (12 months)

Imprisonment
(YTC possible if < 21 years)

Sentencing/ diversion programs

• Deferral of sentence (the court may defer sentencing the child for a period not exceeding 4 months)
Juvenile Justice Group Conferencing

Sentencing/ diversion programs

Deferral of sentence
CREDIT (Court Referred Evaluation, Drug Intervention Treatment)
Criminal Justice Diversion Program

Children's Court Definitions

Caution

A formal caution issued to a young offender by a senior police officer in the presence of a parent following which no court proceedings are brought.

Charge

A document prepared by an informant and served on a defendant detailing an alleged offence by the defendant.

Undertaking

A promise made to the Court. May either be oral or in writing.

Accountable undertaking

A sentencing order in which a charge is dismissed upon a child (and if required a parent) giving an undertaking. Non-compliance with the undertaking may result in re-sentence.

Non-accountable undertaking

A sentencing order in which a charge is dismissed upon a child (and if required a parent) giving an undertaking. Non-compliance with such undertaking has no consequences.

Good behaviour bond

A sentencing order in which a charge is adjourned upon a child signing a promise to be of good behaviour and to comply with any special conditions imposed by the Court. Non-compliance with a bond may result in re-sentence.

Conviction

This has a number of different meanings. The most common one relates to the stigma attached to a sentence. A sentence can be imposed by a judge or magistrate "with conviction" or "without conviction". A sentence "with conviction" involves greater condemnation of the defendant than one "without conviction"

Fine

A sentencing order requiring a child or young person to pay a sum of money; includes any penalties, forfeitures, sums of money and costs ordered to be paid by the person.

Probation

A sentencing order by which for a specified period a child or young person is supervised by a probation officer and may be required to comply with special conditions imposed by the Court. The probation officer may be either a paid employee of Juvenile Justice or an honorary probation officer.

Deferral of sentencing

When sentencing a young person is put off until a later date (not more than four months away), usually to allow certain things to be done and the young person's behaviour to be monitored.

Group conference

A formal meeting conducted by a mediator and attended by a young offender, his or her parent or guardian and persons affected by the young person's offending. The underlying philosophy is "restorative justice".

Youth supervision order

A sentencing order by which a child or young person is supervised by a probation officer and may be required to comply with special conditions imposed by the Court. The level of supervision is generally higher than that involved with a probation order for a specified period.

Youth attendance order

A sentencing order by which a child or young person aged between 15 and 17 is required for a specified period to attend a youth attendance project for a maximum of 10 hours per week (a maximum of 3 attendances) of which no more than 4 hours may be spent in community service activities.

Youth residential centre order

A sentencing order by which a child or young person aged between 10 and 14 is sentenced to be detained in a youth residential centre for a specified period.

Definitions taken from The Children's Court of Victoria Website