9. Imprisonment

Imprisonment – Sometimes the court decides that the only appropriate course of action is to order that a child be taken into custody. This may be because:

1. The child has had a history of prior offending and has already been given the opportunity of a probation, YSO or YAO; or
2. The child has breached a probation, YSO or YAO; or
3. The offending is too serious for any other sentencing option.

A custodial order will always be the court’s last resort in Children’s Court matters.

Depending on the age of the child, there are 2 types of custody orders that a court can make. They are:

1. Youth Residential Centre Order: for children aged 10-14 years. The maximum term the Children’s Court can order is 2 years. The maximum term for an order made by the County or Supreme Court is 3 years.
2. Youth Justice Centre Order: for young people aged 15-20 years. Again, the maximum term for an order made by the County or Supreme Court is 3 years 

s.410 Children, Youth and Families Act 2005

Court may make youth residential centre order

1.    If—

(a)       the Court finds a child guilty of an offence, whether indictable or summary; and

(b)      on the day of sentencing, the child is aged 10 years or more but under 15 years; and

(c)       the Court is satisfied that the circumstances and nature of the offence are sufficiently serious to warrant the making of a youth residential centre order and that no other sentence is appropriate; and

(d)       the offence is one punishable by imprisonment (other than for default in payment of a fine); and

(e)       it has received and considered a pre-sentence report— the Court may convict the child and order that the child be detained in a youth residential centre.

2.    If the Court makes an order under subsection (1), it must—

(a)       state in writing the reasons for the order; and

(b)      cause the statement of reasons to be entered in the court register 

s.412 Children, Youth and Families Act 2005

Court may make youth justice centre order

1.    If—

(a)       the Court finds a child guilty of an offence, whether indictable or summary; and

(b)      on the day of sentencing, the child is aged 15 years or more but under 21 years; and

(c)       the Court is satisfied that no other sentence is appropriate; and

(d)       the offence is one punishable by imprisonment (other than for default in payment of a fine); and

(e)       it has received and considered a pre-sentence report— the Court may convict the child and order that the child be detained in a youth justice centre.

2.    If the Court makes an order under subsection (1), it must—

(a)       state in writing the reasons for the order; and

(b)      cause the statement of reasons to be entered in the court register