Even though Community Elders and respected persons can have their say in the Koori Court, the final decision is still left with the Judge or Magistrate.
The sentencing options in the Koori Court are the same as those in the Criminal Division. These include:
- Non-accountable undertakings: when a charge is dismissed and the court places certain conditions that the child/young person must follow. This could be not engaging in certain acts or behaviours for a period of time (usually 6 months, sometimes up to 12 months). If the child/young person breaks any of these conditions, the court will not take any further action.
- Accountable undertakings: If the young person breaks any of the conditions set by the court, then the court can order the child/young person to reappear before the court where one of three things may happen:
- The set conditions will be cancelled
- The set conditions will continue (possibly with some changes)
- The order is removed and the court will impose a fine.
- Fines: A sentencing order where the child/young person will need to pay a sum of money. The exact amount that needs to be paid is described in 'penalty units'; this is an amount of money set by Parliament which increases every year. If the young person is under 15, then the maximum fine is 'one penalty unit for one offence' and 'two penalty units for multiple offences'
- Good behaviour bonds: A sentencing order where the child/young person needs to sign a promise of 'good behaviour' and to follow any other conditions set by the court. If the child/young person breaks this promise of good behaviour, then they will need to be re-sentenced. If however they follow the conditions of the signed promise, then the court will dismiss the charge.
- Probation: A sentencing order where the court sets a list of special conditions that the child/young person must follow for a set period of time. Such conditions could include; regularly reporting to a youth justice worker and following their instructions, not reoffending and not leaving Victoria without permission. If the child/young person breaks any of the conditions, this could lead to changes of the original order being made or imposing another sentence with another list of conditions to follow.
- Youth supervision orders: A sentencing order where the child/young person is supervised by a youth justice officer and may be required to follow a list of special conditions or instructions set by the court. The level of supervision is generally more than what is involved with a probation order.
- Youth attendance orders: A sentence given to a young person who is older that 15 years of age and who committed their offence before their 18th birthday. An alternative to a custodial sentence (a form of punishment that involves imprisonment or detention), the young person will need to report to a youth justice unit for up to ten hours per week and participate in some community service work.
- Youth residential centre or youth justice centre: A sentencing order that involves the young person to enter a period of detention; this is considered as a 'last resort' solution. A Youth Residential Centre is for children and young people under the age of 15 at the time of sentencing; the maximum period of detention for a single offence is one year or two years where the young person is convicted of more than one offence on the same day or at the same proceeding. A Youth Justice Centre is for young people aged 15 - 20 years of age. Here the maximum period of detention for a single offence is two years, or three years where the young person is convicted of more than one offence on the same day or at the same proceeding.