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:
- The child has had a history of prior offending and has already been given the opportunity of a probation, YSO or YAO; or
- The child has breached a probation, YSO or YAO; or
- 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:
- 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.
- 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 yearsÂ
s.410 Children, Youth and Families Act 2005
Court may make youth residential centre order
1.   If—
(a)Â Â Â Â Â Â the Court finds a child guilty of an offence, whether indictable or summary; and
(b)Â Â Â Â Â on the day of sentencing, the child is aged 10Â years or more but under 15 years; and
(c)Â Â Â Â Â Â 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)Â Â Â Â Â Â 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)Â Â Â Â Â Â state in writing the reasons for the order; and
(b)Â Â Â Â Â cause the statement of reasons to be entered in the court registerÂ
s.412 Children, Youth and Families Act 2005
Court may make youth justice centre order
1.   If—
(a)Â Â Â Â Â Â the Court finds a child guilty of an offence, whether indictable or summary; and
(b)Â Â Â Â Â on the day of sentencing, the child is aged 15Â years or more but under 21 years; and
(c)Â Â Â Â Â Â the Court is satisfied that no other sentence is appropriate; and
(d)Â Â Â Â Â Â 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)Â Â Â Â Â Â state in writing the reasons for the order; and
(b)Â Â Â Â Â cause the statement of reasons to be entered in the court register
