Part 4Youth justice
Disposal of proceedings in Youth Court
289Court must impose least restrictive outcome adequate in circumstances
A court making a response or a permitted combination of responses under section 283 (including, without limitation, under section 297(a) or (b)) must—
- assess the restrictiveness of that outcome in accordance with the hierarchy set out in section 283; and
- not impose that outcome unless satisfied that a less restrictive outcome would, in the circumstances and having regard to the principles in section 208 and factors in section 284, be clearly inadequate.
Subsection (1)(a) and (b) also apply to any outcome imposed by a court that on an application under section 296B(1)—
- declares that a young person has without reasonable excuse failed to comply satisfactorily with a requirement of an order to which section 296B applies; and
- substitutes or otherwise makes under section 296B(3)(a), (b), or (c)—
- any other order under section 283; or
- an intensive supervision order under section 296G (which for the purposes of subsection (1)(a) must be treated as if it were a group 5 response under section 283); or
- any order it is empowered to make under section 296E.
- any other order under section 283; or
Subsection (1)(a) and (b) also apply to any outcome imposed by a court that on an application under section 316(1)—
- cancels a supervision with residence order made under section 311 in respect of a young person who the court is satisfied has, at any time while that order is in force, absconded from the custody of the chief executive; and
- substitutes under section 316(2)(b) any other order under section 283 that it could have made when the supervision with residence order was made.
Compare
- 2002 No 9 s 8(g)
Notes
- Section 289: replaced, on , by section 28 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).

