Probation is a community-based order available under the Children, Youth and Families Act 2005 (Vic).
Probation is imposed in around 8% of cases sentenced in the Children’s Court (2023–24).
Duration of Probation Orders
The duration of a probation order is generally 12 months. However, the order may be up to 18 months if the offence or one of the offences is punishable by imprisonment of more than 10 years.
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 may impose additional conditions, for example, requiring the child to undergo treatment or counselling, reside at a particular place, or abide by a curfew.
Breach of Probation
If the child breaches the conditions of probation, the Children’s 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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