Section 290 — Children, Young Persons, and Their Families Act 1989: Restrictions on imposition of supervision with residence or transfer to District Court for sentence

290 Restrictions on imposition of supervision with residence or transfer to District Court for sentence (1) No order shall be made under paragraph (n) or paragraph (o) of section 283 of this Act in respect of a young person unless— (a) The offence is a purely indictable offence; or (b) The nature or circumstances of the offence are such that if the young person were an adult and had been convicted of the offence in a Court other than a Youth Court, a sentence of imprisonment (within the meaning of section 4(1) of the Sentencing Act 2002 ) or a sentence of home detention under section 80A of the Sentencing Act 2002 would be required to be imposed on the young person; or (c) The Court is satisfied that, because of the special circumstances of the offence or of the offender, any order of a non-custodial nature would be clearly inadequate. (2) No order shall be made under section 283(o) of this Act unless the Court has considered all other alternatives available to it under this Part of this Act and is satisfied that none of them is appropriate in the circumstances of the particular case. (3) On making an order under paragraph (n) or paragraph (o) of section 283 of this Act, a Judge shall record in writing his or her reasons for making that order. (4) Nothing in subsection (1) or subsection (2) of this section limits the powers of a District Court in respect of any young person brought before that Court pursuant to an order made under section 283(o) of this Act. Section 290(1)(b): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (1)(b) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting “ sentence of imprisonment (within the meaning of section 4(1) of the Sentencing Act 2002 ” for “ full-time custodial sentence (within the meaning of 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).