Types of sentencing

Guiding principles of youth sentencing

The courts use the Charter of Youth Justice Principles when sentencing young people.

The principles include:

• A young person should be detained in custody for an offence only as a last resort.
• Young people who commit offences should be treated in a way that diverts them from the court's criminal justice system.
• Young people should be held accountable and encouraged to accept responsibility for their offending behaviour.
• Any decisions made in relation to young people should consider the person’s age, maturity and cultural background.

Sentences—Unsupervised orders

Reprimand

This is a warning given by a court if you’re found guilty or plead guilty to an offence.

Good behaviour order

A court can order you to a good behaviour order for up to 1 year. If you offend again while under the good behaviour order, there could be serious consequences.

Fine

A court may order you to pay a fine for committing an offence. Before giving you the fine, the court must make sure you can pay it.

Sentences—Orders supervised by the government’s youth justice officers

Probation

A court can make a probation order. This means a youth justice worker will supervise you for the time you’re on probation. You must do what is written in the order and not break the law. You have to agree to be on a probation order and participate in programs and activities.

Community service orders

If sentenced to community service, you must do unpaid work in the community for the number of hours set by the court. It is the government’s responsibility to organise this work and arrange for you to be supervised while you’re working. You have to agree to perform community service.

Intensive supervision orders

A court can order a young person aged 10–12 years to be sentenced to an intensive supervision order. An intensive supervision order can last for up to 6 months. The court can only make this type of order if the young person has agreed to take part in a program.

The program includes a conference with the young person and their family, supervision and other activities as outlined in a pre-sentence report.

Conditional release orders

Courts can immediately 'suspend' a detention order to allow you to participate in an intensive program in the community for up to 3 months. The court can only do this if you agree to take part in a program. Programs may include work, schooling, counselling and participation in set activities.

If you don’t participate in the program you first agreed to, you may have to go back to court. The court may order that you be sent to a youth detention centre.

Detention orders

A Childrens Court magistrate can order you to detention at a youth detention centre for up to 1 year. A higher court has the power to order detention for more than 1 year, depending on the seriousness of the offence.

Sentences—Combined orders

Courts can also combine some orders. For example, you could be sentenced to a probation order and community service for the same offence.

Youth justice conference

A court may refer a young person to a youth justice conference. The court can ask that a youth justice conference happens instead of a sentence order. The court can also ask for a youth justice conference before sentencing. In this case, the court can consider the conference outcome at the time of sentencing.

Other orders

Restitution and Compensation

A court may order you to pay compensation or restitution for property loss or for any injury suffered by the victim(s) of the offence. For example, if you were found guilty of breaking windows, you might have to pay for the cost of fixing the windows. This order can only be made with another sentence order. The court must be satisfied that you can afford to pay.

Licence disqualification

If you’re charged under an Act that includes a penalty to cancel your licence, a court may stop you from holding or getting a driver licence in the future.