Section 285 — Children, Young Persons, and Their Families Act 1989: Restrictions on power of Court to make certain orders under section 283

285 Restrictions on power of Court to make certain orders under section 283 (1) The Court shall not make an order under paragraph (c) of section 283 of this Act in any case where it makes an order under paragraph (k) or paragraph (m) or paragraph (n) of that section. (2) The Court shall not impose a fine under paragraph (d) of section 283 of this Act unless it is satisfied that the young person on whom the fine is imposed has the capacity to pay the fine within a period of 12 months from the date on which the fine is imposed. (3) No orders shall be made under paragraph (f) or paragraph (g) of section 283 of this Act against the chief executive or any other person who has been appointed to be a guardian of a young person under section 110 of this Act. (4) Where the Court exercises in respect of any young person the power conferred by paragraph (o) of section 283 of this Act, it shall not exercise in respect of that young person any of its powers under paragraph (a) or paragraphs (c) to (n) of that section. (5) The Court shall not make an order under paragraph (l) or paragraph (m) or paragraph (n) of section 283 of this Act if that order would be concurrent with, or cumulative on,— (a) Any other order made under any of those paragraphs; or (b) Any community-based sentence (as that term is defined in section 4(1) of the Sentencing Act 2002 ; or (ba) any sentence of home detention imposed under section 80A of the Sentencing Act 2002; or (c) Any sentence of imprisonment (as that term is so defined),— unless that other order or that sentence will expire not later than 14 days after the date of the making of the first-mentioned order. (6) Where— (a) But for the provisions of paragraph (b), (ba), or (c) of subsection (5) of this section, the Court would have made an order under paragraph (l) or paragraph (m) or paragraph (n) of section 283 of this Act; and (b) The Court considers that it would not be appropriate to make an order under any of paragraphs (a) to (k) of that section as an alternative to such an order,— notwithstanding anything in section 290 of this Act the Court may, if the young person is of or over the age of 15 years, make an order under section 283(o) of this Act. Compare: 1974 No 72 s 36(1) (proviso), (4); 1977 No 126 s 10(3)(a) Subsection (3) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” . Subsection (5)(b) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting “ section 4(1) of the Sentencing Act 2002 ” for “ section 2(1) of the Criminal Justice Act 1985 ” . See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Section 285(5)(ba): inserted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (5)(c) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting “ sentence of imprisonment ” for “ full-time custodial sentence ” . See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Section 285(6)(a): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).