South Australia: Young Offenders Act 1993 (SA)

South Australia Young Offenders Act 1993 An Act to reconstitute the juvenile justice system in this State; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Objects and statutory policies 4 Interpretation 4A Designation as officers of Department for certain purposes 5 Age of criminal responsibility 5A Victims Register Part 2—Minor offences Division 1—General powers 6 Informal cautions 7 More formal proceedings Division 2—Sanctions that may be imposed by police officer 8 Powers of police officer Division 3—Family conference 9 Youth Justice Co-ordinators 10 Convening of family conference 11 Family conference, how constituted 12 Powers of family conference Division 4—Limitation on publicity 13 Limitation on publicity Part 3—Arrest and custody of suspected offenders 14 Application of general law 15 How youth is to be dealt with if not granted bail Part 4—Court proceedings against a youth Division A1—Interpretation 15A Interpretation Division 1—The charge 16 Where charge is to be laid 17 Proceedings on charge laid before Youth Court 17A Proceedings on charge laid before Magistrates Court Division 2—Procedure on committal proceedings and trial in Youth Court 18 Procedure on trial of offences 19 Committal for trial 19A Proceedings for child sexual offences 20 Change of plea 21 Recording of convictions Division 3—Sentence 22 Power to sentence 23 Limitation on power to impose custodial sentence 24 Limitation on power to impose fine 25 Limitation on power to require community service 26 Limitation on Court's power to require bond 27 Court may require undertaking from guardians 28 Power to disqualify from holding driver's licence Division 4—Sentencing of youth by Supreme or District Court 29 Sentencing of youth by Supreme or District Court Division 5—Miscellaneous 30 Court to explain proceedings etc 31 Prohibition of joint charges 32 Reports 33 Reports to be made available to parties 34 Attendance at court of guardian of youth charged with offence 35 Counsellors etc may make submissions to court Part 5—Custodial sentences Division 1—Youth sentenced as adult 36 Detention of youth sentenced as adult Division 1A—Detention or imprisonment in a prison 36A Transfer following imposition of concurrent prison sentence Division 2A—Home detention 37A Conditions of home detention 37B Home detention officers 37C Variation or revocation of home detention order 37D General provisions Division 3—Release from detention Subdivision 1—Training Centre Review Board 38 Establishment of Training Centre Review Board 39 Reviews etc and proceedings of Training Centre Review Board 40 Reports by Training Centre Review Board Subdivision 2—Leave of absence 40A Leave may be authorised by Board Subdivision 3—Conditional release and home detention 41 Application and interpretation of Subdivision 41A Conditional release from detention 41B Release on condition of home detention 41BA Suspension of conditional release if youth is or becomes a terror suspect 41C What happens if youth fails to observe condition of release Subdivision 4—Absolute release from detention by Court 42 Absolute release from detention by Court Division 3A—Directions relating to firearms etc 42A Training Centre Review Board may direct youth to surrender firearm etc Division 4—Terror suspects 43 Special procedures for terror suspects Division 5—Escape from custody 48 Escape from custody Part 6—Community service and other work related orders 49 Community service and work orders cannot be imposed unless there is a placement for the youth Part 8—Miscellaneous 57 Determination of a person's age 58 Prior offences 59 Detention and search by officers of Department 59A Power of arrest by officers of the Department 60 Hindering an officer of the Department 61 Issue of warrant 62 Detention of youths in emergencies 63 Transfer of youths in detention to other training centre or prison 63A Effect of remand in prison 63B Application of Correctional Services Act 1982 to youth with non-parole period 63C Restrictions on reports of proceedings 64 Information about youth may be given in certain circumstances 65 Regulations Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Young Offenders Act 1993. 3—Objects and statutory policies (1) The object of this Act is to secure for youths who offend against the criminal law the care, correction and guidance necessary for their development into responsible and useful members of the community and the proper realisation of their potential. (2) The powers conferred by this Act are to be directed towards that object with proper regard to the following statutory policies: (a) a youth should be made aware of his or her obligations under the law and of the consequences of breach of the law; (c) the community, and individual members of it, must be adequately protected against violent or wrongful acts. (2a) In imposing sanctions on a youth for illegal conduct regard should be had to the deterrent effect any proposed sanction may have on the youth. (3) Effect is to be given to the following statutory policies so far as the circumstances of the individual case allow: (a) compensation and restitution should be provided, where appropriate, for victims of offences committed by youths; (ab) compensation and restitution should also be provided, where appropriate, for persons who have suffered loss or damage as a result of offences committed by youths; (b) family relationships between a youth, the youth's parents and other members of the youth's family should be preserved and strengthened; (c) a youth should not be withdrawn unnecessarily from the youth's family environment; (d) there should be no unnecessary interruption of a youth's education or employment; (e) a youth's sense of racial, ethnic or cultural identity should not be impaired. (4) This section does not apply to a court imposing sanctions on a youth who is being dealt with as an adult, whether because the youth's conduct is part of a pattern of repeated illegal conduct or for some other reason, including, for example, the gravity of the illegal conduct (and the laws applying in relation to the sentencing of an adult apply to such a youth). 4—Interpretation (1) In this Act, unless the contrary intention appears— Chief Executive means the Chief Executive of the Department; Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code; community youth justice officer has the same meaning as in the Youth Justice Administration Act; Court or Youth Court means the Youth Court of South Australia; Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016; designated member means the member of the Training Centre Review Board designated by the Attorney‑General in accordance with subsection (3) and includes any member designated by the Attorney‑General in accordance with that subsection to act in the absence of that designated member; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; DPP means the Director of Public Prosecutions; family conference—see Part 2 Division 3; guardian, in relation to a youth, means a parent of the youth or a person (other than the Minister) who is the guardian of the youth or has the immediate custody and control of the youth; home detention officer means an employee of the Department assigned to the position of a home detention officer or authorised by the Minister (individually or by class) to exercise the powers of a home detention officer under this Act; homicide means murder or manslaughter; immediate family of a victim means— (a) a spouse or domestic partner; (b) a parent; (c) a grandparent; (d) a child (including an adult child); (e) a grandchild (including an adult grandchild); (f) a brother or sister; injury means physical or mental injury, and includes pregnancy, mental shock and nervous shock; loss or damage includes costs and expenses, but does not include injury; Minister means the Minister to whom the administration of this Act is committed by the Governor or the Minister on whom, or to whom, the relevant Ministerial power or function is conferred or assigned under the Administration of Acts Act 1910; minor offence means an offence to which this Act applies that should, in the opinion of the police officer in charge of the investigation of the offence, be dealt with as a minor offence because of— (a) the limited extent of the harm caused through the commission of the offence; and (b) the character and antecedents of the alleged offender; and (c) the improbability of the youth re-offending; and (d) where relevant—the attitude of the youth's parents or guardians; offence to which this Act applies means any offence alleged to have been committed by a youth except an offence excluded by regulation; recidivist young offender means a youth who is declared under Part 3 Division 4 of the Sentencing Act 2017 to be a recidivist young offender; registered victim includes a member of a victim's immediate family whose name is entered in the Victims Register; Registrar means the Registrar of the Court; serious firearm offender means a youth who is, pursuant to Part 3 Division 3 of the Sentencing Act 2017, a serious firearm offender; spouse—a person is the spouse of another if they are legally married; terrorism intelligence authority means a terrorism intelligence authority designated by regulations under section 74B of the Police Act 1998; terrorism notification means a terrorism notification under section 74B of the Police Act 1998; terrorist offence means— (a) an offence against Division 72 Subdivision A of the Commonwealth Criminal Code (International terrorist activities using explosive or lethal devices); or (b) a terrorism offence against Part 5.3 of the Commonwealth Criminal Code (Terrorism) where the maximum penalty is 7 or more years imprisonment; or (c) an offence against Part 5.5 of the Commonwealth Criminal Code (Foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (Publishing recruitment advertisements); or (d) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing recruitment advertisements); or (e) an offence of a kind prescribed by the regulations for the purposes of this definition; terror suspect—see subsection (4); training centre means a facility for the reception, detention, correction and training of youths who offend against the criminal law established under the Family and Community Services Act 1972 or the Youth Justice Administration Act; Training Centre Review Board means the Training Centre Review Board established under Part 5; victim of an offence means a person who suffers injury as a result of the offence; Victims Register—see section 5A; working day means a day other than a Saturday, Sunday or public holiday; youth means a person of or above the age of 10 years but under the age of 18 years and, in relation to proceedings for an offence or detention in a training centre, includes a person who was under the age of 18 years on the date of the alleged offence; Youth Justice Administration Act means the Youth Justice Administration Act 2016; Youth Justice Co-ordinator—see Part 2 Division 3; Youth Parole Board means the Training Centre Review Board as constituted from time to time under Part 5 Division 3 to review the progress and circumstances of a recidivist young offender, or hear and determine any other matter relating to a recidivist young offender assigned to the Board under this Act. (2) A reference in this Act to an officer of the Department includes a reference to— (a) a person who, immediately before the commencement of this subsection, held an appointment made by the Governor as an officer of the Department; or (b) a person who, after the commencement of this subsection, is designated by the Minister as an officer of the Department under section 4A. (2a) A reference in this Act to a person who has suffered loss or damage includes a reference to a body that has suffered loss or damage. (3) The Attorney‑General may, from time to time, by written instrument— (a) designate a member of the Training Centre Review Board who is a member of the Court's judiciary as the designated member for the purposes of sections 41BA and 43; and (b) designate another member of the Training Centre Review Board who is a member of the Court's judiciary to act for the purposes of those sections in the absence of the designated member, and in any proceedings, a certificate purporting to be executed by the Attorney‑General certifying as to a matter relating to a designation under this subsection may be admitted in evidence and is proof, in the absence of proof to the contrary, of the matter so certified. (4) A youth is a terror suspect for the purposes of this Act if the youth— (a) is, or has previously been, charged with a terrorist offence; or (b) has ever been convicted of a terrorist offence; or (c) is the subject of a terrorism notification; or (d) is, or has previously been, the subject of a control order under Part 5.3 of the Commonwealth Criminal Code. (5) For the purposes of subsection (4)(a), a youth is only taken to have been charged with an offence if an information or other initiating process charging the youth with the offence has been filed in a court. 4A—Designation as officers of Department for certain purposes (1) The Minister may, by written notice, designate a person to whom this section applies as a person who is to be taken to be an officer of the Department for the purposes of this Act, the Youth Court Act 1993 and any other prescribed Act. (2) The Minister may, by written notice, revoke— (a) the appointment of an officer of the Department made by the Governor before the commencement of this section; or (b) a designation made under subsection (1). (3) This section applies to a person if— (a) the person is engaged by another person (the contractor) to carry out certain work in the course of and for the purposes of the contractor's business; and (b) the contractor is engaged, in the course of and for the purposes of a business, by the Minister under a contract, arrangement or understanding for the purposes of this Act or another Act; and (c) the Minister is satisfied that the person is a suitable person to be designated as an officer of the Department. (4) Section 74 of the Public Sector Act 2009 does not apply to a person designated under subsection (1). 5—Age of criminal responsibility A person under the age of 10 years cannot commit an offence. 5A—Victims Register (1) The Chief Executive must keep a Victims Register for the purposes of this Act. (2) The victim of an offence for which a youth is sentenced to detention or imprisonment or, if the victim is dead or under an incapacity or in prescribed circumstances, a member of the victim's immediate family, may apply in writing to the Chief Executive to have the following information entered in the Victims Register: (a) the applicant's name; (b) the applicant's contact address and (if supplied) telephone number or the name, contact address and (if supplied) telephone number of a person nominated by the applicant to receive information under this Act on his or her behalf; (c) any information (including the name of the youth) in the applicant's possession that may assist the Chief Executive to identify the youth. (3) The Chief Executive is entitled to assume the accuracy of information supplied under subsection (2) without further inquiry. (4) The Victims Register must also contain any other information prescribed by the regulations. (5) The Chief Executive must, when requested to do so by the Training Centre Review Board, provide the Board with information derived from the Victims Register. (6) If the Victims Register includes particulars of a person nominated by a registered victim to receive information under this Act on his or her behalf, any information or notification required or authorised by this Act to be given to the registered victim must, instead, be given to the person so nominated (and where such information or notification is to be given at the request of the registered victim, the person so nominated is entitled to make such a request as if he or she were the registered victim). (7) A person must not divulge information derived from the Victims Register, being information obtained (whether by the person or some other person) in the administration or enforcement of this Act, except— (a) as required or authorised by this Act or any other Act or law; or (b) as reasonably required in connection with the administration or enforcement of this Act or any other prescribed Act; or (c) for the purposes of legal proceedings arising out of the administration or enforcement of this Act; or (d) with the consent of the registered victim to whom the information relates. Part 2—Minor offences Division 1—General powers 6—Informal cautions (1) If a youth admits the commission of a minor offence, and a police officer is of the opinion that the matter does not warrant any formal action under this Act, the officer may informally caution the youth against further offending and proceed no further against the youth. (2) If a youth is informally cautioned under this section, no further proceedings may be taken against the youth for the offence in relation to which the youth was cautioned. (3) A record (whether made before or after the commencement of this subsection) of an informal caution given to a youth does not constitute a criminal record of the youth and may not be referred to— (a) for the purposes of a criminal record check; or (b) without the youth's consent—in any judicial proceedings. (4) A record of an informal caution made and kept before the commencement of this subsection will be taken to have been legally made and kept. 7—More formal proceedings (1) If a youth admits the commission of a minor offence, a police officer may deal with the matter as follows: (a) the officer may deal with the matter under Division 2; or (b) the officer may notify a Youth Justice Co-ordinator of the admission so that a family conference may be convened to deal with the matter; or (c) the officer may lay a charge for the offence before the Court. (2) Before the police officer proceeds to deal with an offence under Division 2, or notifies a Youth Justice Co-ordinator of the admission so that a family conference may be convened— (a) the officer should explain to the youth— (i) the nature of the offence and of the circumstances out of which it is alleged to arise; and (ii) that the youth is entitled to obtain legal advice; and (iii) that the youth is entitled (irrespective of whether he or she exercises the right to obtain legal advice) to require that the matter be dealt with by the Court; and (b) if the youth does not require the matter to be dealt with by the Court, the officer should put the admission into written form and, if possible, get the youth to sign the admission. (3) An explanation given to a youth or the signing of an admission by a youth under subsection (2) should take place, if practicable, in the presence of— (a) a guardian of the youth; or (b) if a guardian is not available—an adult person nominated by the youth who has had a close association with the youth or has been counselling, advising or aiding the youth. (4) A charge may only be laid— (a) if the youth requires the matter to be dealt with by the Court; or (b) if, in the opinion of the police officer, the matter cannot be adequately dealt with by the officer or a family conference because of the youth's repeated offending or some other circumstance of aggravation. Division 2—Sanctions that may be imposed by police officer 8—Powers of police officer (1) If a police officer decides to deal with a minor offence under this Division, the officer may administer a formal caution against further offending and exercise any one or more of the following powers: (a) the officer may require the youth to enter into an undertaking to pay compensation to the victim of the offence; (ab) the officer may require the youth to enter into an undertaking to pay compensation to a person who has suffered loss or damage as a result of the offence; (b) the officer may require the youth to enter into an undertaking to carry out a specified period (not exceeding 75 hours) of community service; (c) the officer may require the youth to enter into an undertaking to apologise to the victim of the offence; (d) the officer may require the youth to enter into an undertaking to apologise to a person who has suffered loss or damage as a result of the offence; (e) the officer may require the youth to do anything else that may be appropriate in the circumstances of the case. (2) If a formal caution is to be administered— (a) the police officer must explain to the youth the nature of the caution and the fact that evidence of the caution may, if the youth is subsequently dealt with for an offence, be treated as evidence of commission of the offence in respect of which the caution is administered; and (b) the caution must, if practicable, be administered in the presence of— (i) a guardian of the youth; or (ii) if a guardian is not available—an adult person nominated by the youth who has had a close association with the youth or has been counselling, advising or aiding the youth; and (c) the caution must be put in writing and acknowledged in writing by the youth. (3) Before requiring a youth to enter an undertaking under this section, the police officer must take all reasonable steps to give the guardians of the youth an opportunity to make representations with respect to the matter. (4) In exercising powers under this section, the police officer must— (a) have regard to sentences imposed for comparable offences by the Court; and (b) have regard to any guidelines on the subject issued by the Commissioner of Police. (5) If a youth enters into an undertaking under this section to apologise to the victim of the offence, the apology must be made in the presence of an adult person approved by a police officer. (5a) If a youth enters into an undertaking under this section to apologise to a person who has suffered loss or damage as a result of the offence, the apology must be made in the presence of an adult person approved by a police officer. (6) If a youth enters into an undertaking under this section— (a) the undertaking must be signed by the youth, a representative of the Commissioner of Police, and, if practicable, by the youth's parents or guardians; and (b) the undertaking will have a maximum duration of three months. (7) If a youth does not comply with a requirement of a police officer under this section, or an undertaking under this section, the officer or some other police officer may— (a) refer the matter to a Youth Justice Co-ordinator so that a family conference may be convened to deal with the offence; or (b) if the youth requires the matter to be dealt with by the Court—lay a charge for the offence before the Court. (8) If— (a) a youth is cautioned, and no further requirements are made of the youth, under this section; or (b) all requirements made of the youth under this section (including obligations arising under an undertaking) are complied with, the youth is not liable to be prosecuted for the offence. (9) If a police officer deals with an offence under this Division (other than an offence described in subsection (10)), the officer must— (a) ask the victim of the offence whether he or she wishes to be informed of the identity of the offender and how the offence has been dealt with; and (b) if the victim indicates that he or she does wish to have that information—give the victim that information. (10) If a police officer deals with an offence (as a result of which a person has suffered loss or damage) under this Division, the officer must— (a) ask the person whether he or she wishes to be informed of the identity of the offender and how the offence has been dealt with; and (b) if the person indicates that he or she does wish to have that information—give the person that information. Division 3—Family conference 9—Youth Justice Co-ordinators (1) The following are to be Youth Justice Co-ordinators: (a) the magistrates who are members of the Youth Court's principal or ancillary judiciary; and (b) the persons who are appointed as Youth Justice Co-ordinators. (1a) Youth Justice Co-ordinators (who are not magistrates) will be appointed under the Courts Administration Act 1993. (2) A person appointed as a Youth Justice Co-ordinator will be appointed for a term not exceeding three years specified in the instrument of appointment and is, on the expiration of a term of appointment, eligible for re-appointment. (3) A person cannot be appointed as a Youth Justice Co-ordinator unless the Judge of the Court has been consulted in relation to the proposed appointment. (4) A person appointed as a Youth Justice Co-ordinator is responsible to the Judge of the Court (through any properly constituted administrative superior) for the proper and efficient discharge of his or her duties. 10—Convening of family conference (1) When a police officer notifies a Youth Justice Co-ordinator of an offence so that a family conference may be convened to deal with the matter, the officer must supply the Youth Justice Co-ordinator with the names and addresses of— (a) the guardians of the youth; and (b) any relatives of the youth who may, in the opinion of the officer, be able to participate usefully in the family conference; and (c) any other person who has had a close association with the youth and may, in the opinion of the authorised officer, be able to participate usefully in the family conference; and (d) the victim of the offence and, if the victim is a youth, the guardians of the victim; and (e) a person who has suffered loss or damage as a result of the offence, and if that person is a youth, the person's guardians. (2) The Youth Justice Co-ordinator— (a) will fix a time and place for the family conference; and (b) will issue a notice requiring the youth to attend at that time and place; and (c) will invite the persons referred to in subsection (1) and, in the case of a youth referred to in subsection (1)(d) or (e), will invite them to bring along a person of their choice to provide assistance and support; and (d) will invite other persons, whom the Youth Justice Co-ordinator, after consultation with the youth and members of the youth's family, thinks appropriate to attend the conference at that time and place. 11—Family conference, how constituted (1) A family conference consists of— (a) a Youth Justice Co-ordinator (who will chair the conference); and (b) the youth; and (c) such of the persons invited to attend the conference as attend in response to that invitation; and (d) a representative of the Commissioner of Police. (2) A family conference should act if possible by consensus of the youth and such of the persons invited to attend the conference as attend in response to that invitation. (3) A decision by a family conference is not however to be regarded as validly made unless the youth and the representative of the Commissioner of Police concur in the decision. (4) A youth is entitled to be advised by a legal practitioner at a family conference. (5) If a family conference fails to reach a decision, the Youth Justice Co-ordinator must refer the matter to the Court and the Court may decide any question, and exercise any power, that could have been decided or exercised by the family conference. 12—Powers of family conference (1) A family conference has the following powers: (a) the conference may administer a formal caution against further offending; (b) the conference may require the youth to enter into an undertaking to pay compensation to the victim of the offence; (ba) the conference may require the youth to enter into an undertaking to pay compensation to a person who has suffered loss or damage as a result of the offence; (c) the conference may require the youth to enter into an undertaking to carry out a specified period (not exceeding 300 hours) of community service; (d) the conference may require the youth to enter into an undertaking to apologise to the victim of the offence; (e) the conference may require the youth to enter into an undertaking to apologise to a person who has suffered loss or damage as a result of the offence; (f) the conference may require the youth to do anything else that may be appropriate in the circumstances of the case. (2) In exercising powers under this section, the family conference must have regard to sentences imposed for comparable offences by the Court. (3) If a formal caution is administered, the caution must be put in writing and acknowledged in writing by the youth. (4) An undertaking will have a maximum duration of 12 months. (5) If a youth enters into an undertaking to pay compensation, a copy of the undertaking must be filed with the Registrar and payments of compensation must be made to the Registrar who will disburse the compensation to the victims or persons who have suffered loss or damage named in the undertaking. (6) If a youth enters into an undertaking to carry out community service, a copy of the undertaking must be filed with the Registrar. (7) If a youth enters into an undertaking under this section to apologise to the victim of the offence or the person suffering loss or damage, the apology must be made in the presence of an adult person approved by the family conference or a Youth Justice Co-ordinator. (8) If a youth— (a) fails to attend at the time appointed for a family conference; or (b) does not comply with a requirement of the family conference; or (c) does not comply with an undertaking under this section, a police officer may lay a charge before the Court for the offence in relation to which the conference was convened. (9) A charge may be laid under subsection (8) even though a period of limitation relating to the commencement of proceeding for the relevant offence has expired, but the charge must be laid not more than 12 months after the expiration of that period of limitation. (10) If— (a) a youth is cautioned, and no further requirements are made of the youth, under this section; or (b) all requirements made of the youth under this section (including obligations arising from an undertaking given by the youth) are complied with, the youth is not liable to be prosecuted for the offence. (11) If a family conference deals with an offence under this Division (other than an offence described in subsection (12)), the Youth Justice Co‑ordinator must— (a) ask the victim of the offence whether he or she wishes to be informed of the identity of the offender and how the offence has been dealt with; and (b) if the victim indicates that he or she does wish to have that information—give the victim that information. (12) If a family conference deals with an offence (as a result of which a person has suffered loss or damage) under this Division, the Youth Justice Co-ordinator must— (a) ask the person whether they wish to be informed of the identity of the offender and how the offence has been dealt with; and (b) if the person indicates that they do wish to have that information—give that information accordingly. Division 4—Limitation on publicity 13—Limitation on publicity (1) A person must not publish, by radio, television, newspaper or in any other way, a report of any action or proceeding taken against a youth by a police officer or family conference under this Part if the report— (a) identifies the youth or contains information tending to identify the youth; or (b) reveals the name, address or school, or includes any particulars, picture or film that may lead to the identification, of any youth who is in any way concerned in the action or proceeding; or (c) identifies the victim, a person who has suffered loss or damage or any other person involved in the action or proceeding (other than a person involved in an official capacity) without the consent of that person. (1a) However, a person who proposes to make a documentary or undertake an educational or research project about juvenile justice matters may, in accordance with rules of court, apply to the Youth Court for permission to publish, for the purposes of the documentary or project, a report identifying a youth that would otherwise be suppressed from publication under this section. (1b) An application under subsection (1a) must be endorsed with the written consent of the youth and a guardian of the youth (the consenting guardian) to publication of the report. (1c) Subject to subsection (1d), the Court must give the following persons reasonable notice of the time and place of the hearing of the application: (a) the applicant; and (b) the youth; and (c) the guardians of the youth; and (d) such other persons as the Court believes have a proper interest in the matter. (1d) The Court is not obliged to give notice of the hearing to a person whose whereabouts cannot, after reasonable enquiries, be ascertained. (1e) In determining an application under subsection (1a), the Court must regard the welfare of the youth as the paramount consideration and, to that end, must take into account— (a) the impact on the youth of publication of the report; and (b) the purpose to be served by publication of the report; and (c) whether publication of the report is necessary for the purpose of the documentary or project; and (d) considerations of public interest; and (e) any other matter that is, in the Court's view, relevant. (1f) On completing the hearing of the application the Court may make any of the following orders: (a) an order permitting publication of the report as part of the documentary or project subject to— (i) a condition that the youth and the consenting guardian are to be given a reasonable opportunity to view the documentary or project after its completion but before its release to the public; and (ii) a condition that, if the documentary or project is so viewed, it must not be released to the public until at least 30 days after the viewing; and (iii) such other conditions (if any) as the Court thinks fit; or (b) an order refusing the application; or (c) any ancillary order it thinks fit (including an order as to costs). (1g) The youth or consenting guardian may, at any time before the release to the public of a documentary or project the subject of an order under subsection (1f)(a), apply to the Court for revocation or variation of the order on the ground that the report included or to be included in the documentary or project of the proceedings under this Part— (a) is not a fair report of the proceedings; or (b) includes material not in the contemplation of the Court at the time the order was made, and that the release to the public of the documentary or project while it contains that report would prejudice the welfare of the youth. (1h) If an application for revocation or variation is made under subsection (1g), the documentary or project must not, while it contains the report to which the application relates, be released to the public until the application has been determined or withdrawn. (1i) The Court must give the following persons reasonable notice of the time and place of the hearing of an application under subsection (1g): (a) the youth; and (b) the consenting guardian; and (c) the person who was the applicant for the order sought to be revoked or varied. (1j) On completing the hearing of an application under subsection (1g), the Court may make any of the following orders: (a) an order revoking the order the subject of the application; or (b) an order varying or revoking any condition of the order or imposing a new condition; or (c) an order refusing the application; or (d) any ancillary order it thinks fit (including an order as to costs). (2) A person employed or engaged in the administration of this Act must not divulge information about a youth against whom any action or proceeding has been taken under this Part except in the course of his or her official functions or where the information is given to a person for the purposes of a publication the subject of an order under subsection (1f)(a). (3) A person who contravenes this section or a condition of publication imposed under subsection (1f) or (1j) is guilty of an offence. Maximum penalty: $10 000. (4) This section does not prevent the disclosure of information under any other provision of this Act. (5) For the purposes of this section, a documentary or project is released to the public when it is released for viewing by persons other than those involved in the making or undertaking of it. Part 3—Arrest and custody of suspected offenders 14—Application of general law (1) The law of the State relating to criminal investigation, arrest, bail, remand and custody before proceedings for an offence are finally determined applies, subject to this Act, to youths with necessary adaptations and any further adaptations and modifications that may be set out in the regulations. (2) If a youth is arrested on suspicion of having committed an offence, and the youth is to be dealt with under this Act for the offence, the officer responsible for the arrest and custody of the youth must, as soon as practicable after the arrest— (a) explain to the youth the nature of the allegations against him or her; and (b) inform the youth of his or her right to seek legal representation; and (c) take all reasonable steps to inform— (i) the guardian of the youth; (ii) if a guardian is not available—an adult person nominated by the youth who has had a close association with the youth or has been counselling, advising or aiding the youth, of the arrest and invite him or her to be present during any interrogation or investigation to which the youth is subjected while in custody. 15—How youth is to be dealt with if not granted bail (1) Subject to this section, if a youth is not granted bail under the Bail Act 1985, the youth must be detained by the Chief Executive with a person (where practicable), or in a place (other than a prison), approved by the Minister. (1a) Subsection (1) does not apply in relation to— (a) a youth who is already, or has previously been, in custody in a prison; or (b) a person who, at the time bail is not granted, is aged 21 years or more (regardless of the alleged age of the person at the time of the relevant alleged offence). (2) If a youth is arrested outside an area specified in the regulations and it is not reasonably practicable to detain the youth as provided by subsection (1), the youth may be detained— (a) in a police prison; or (b) in a police station, watch-house or lock-up approved by the Minister. (3) If a youth is detained in a police prison, police station, watch-house or lock-up in accordance with subsection (2), the person for the time being in charge of the police prison, police station, watch-house or lock-up must take such steps as are reasonably practicable to keep the youth from coming into contact with any adult person detained in that place. Part 4—Court proceedings against a youth Division A1—Interpretation 15A—Interpretation For the purposes of this Part, the following matters must be taken into consideration by the DPP or the Magistrates Court (as the case requires) in deciding whether a youth poses an appreciable risk to the safety of the community: (a) the gravity of the offence with which the youth is to be charged; (b) if the offence to be charged is part of a pattern of repeated offending by the youth—that fact and the circumstances surrounding the alleged offence; (ba) if the youth is a serious firearm offender; (c) the degree to which the youth has previously complied— (i) with any undertaking entered into by, or requirement or obligation imposed on, the youth under this Act; or (ii) with any bail agreement under the Bail Act 1985; (d) if the youth has previously been detained under this Act— (i) the behaviour of the youth while so detained; and (ii) any rehabilitation of the youth while so detained; (e) if the youth has previously been released on licence under this Act—the degree to which the youth complied with any condition specified in the licence; (f) any other matter that the DPP or the Magistrates Court (as the case may be) thinks fit in the circumstances. Division 1—The charge 16—Where charge is to be laid (1) Subject to this section, if a youth is to be charged with an offence to which this Act applies, the charge must be laid before the Court. (2) The DPP may, instead of laying a charge of an offence against a youth before the Court, lay the charge before the Magistrates Court if— (a) the youth is charged with a major indictable offence; and (b) the DPP is of the opinion that the youth poses an appreciable risk to the safety of the community and should, therefore, be dealt with in the same way as an adult. 17—Proceedings on charge laid before Youth Court (1) Subject to this Act, the Court will deal with a charge laid before the Court in the same way as the Magistrates Court deals with a charge of a summary offence and, in doing so, has the powers of the Magistrates Court. (2) The Court may, even though a charge has been laid, refer the subject matter of the charge (after the youth's guilt has been established either by admission or by the Court's findings) to be dealt with by a police officer or by a family conference. (3) If— (a) the offence with which the youth is charged is a homicide, or an offence consisting of an attempt to commit, or assault with intent to commit homicide; or (b) the offence with which the youth is charged is an indictable offence and the youth, after obtaining independent legal advice, asks to be dealt with in the same way as an adult; or (c) the Court or the Supreme Court determines, on the application of the DPP or a police prosecutor, that the youth should be dealt with in the same way as an adult because of the gravity of the offence, or because the offence is part of a pattern of repeated offending, the Court will conduct committal proceedings in relation to the charge, and may commit the youth for trial or sentence (as the case requires) to the Supreme Court or the District Court. 17A—Proceedings on charge laid before Magistrates Court (1) Subject to this section, Part 5 of the Summary Procedure Act 1921 applies to the procedure to be followed in relation to a charge of an offence that has, under this Division, been laid against a youth before the Magistrates Court. (2) At the conclusion of the committal proceedings, the Magistrates Court may— (a) if of the opinion that the youth poses an appreciable risk to the safety of the community—commit the youth for trial or sentence (as the case requires) to the Supreme Court or the District Court; (b) in any other case—commit the youth for trial or sentence (as the case requires) to the Court. Division 2—Procedure on committal proceedings and trial in Youth Court 18—Procedure on trial of offences The procedure to be followed by and the powers of the Court on the trial of an offence are, subject to this Act, to be the same as for the trial of a summary offence in the Magistrates Court. 19—Committal for trial If committal proceedings are to be conducted by the Court, the procedure to be followed by and the powers of the Court are, subject to this Act, the same as for committal proceedings in the Magistrates Court. 19A—Proceedings for child sexual offences (1) If committal proceedings take place in the Court for a charge of a child sexual offence— (a) an audio visual record of the evidence of the alleged victim may be admitted in the proceedings if the recording— (i) is of evidence given by the alleged victim in earlier criminal proceedings; or (ii) has been made pursuant to Part 17 Division 3 of the Summary Offences Act 1953 and— (A) the Court is satisfied as to the alleged victim's capacity to give sworn or unsworn evidence at the time the recording was made; and (B) the Court is satisfied that the defendant has been given a reasonable opportunity to view the recording; and (b) despite any other Act or law, the alleged victim cannot be required to give oral evidence for the purposes of the committal proceedings except evidence in the form of such an audio visual record. (2) In this section— child sexual offence means a sexual offence committed in relation to a person under the age of 18 years; sexual offence has the same meaning as in the Evidence Act 1929. 20—Change of plea Even though a plea of guilty to a charge has been entered, the Court may direct at any stage of proceedings before their final determination that the plea be withdrawn and a plea of not guilty entered. 21—Recording of convictions If the Court finds a youth guilty of a major indictable offence, the Court should record a conviction for the offence unless there are in the opinion of the Court special reasons for not doing so, and a formal record of those is made in the Court's reasons for judgment. Division 3—Sentence 22—Power to sentence (1) Subject to this Division, the Court has the same powers to sentence a youth for an offence— (a) if the offence is a summary offence—as the Magistrates Court; or (b) if the offence is an indictable offence—as the District Court. (2) Any powers conferred on a Minister of the Crown by the Sentencing Act 2017 are exercisable, in relation to a youth or a sentence imposed on a youth, by a Minister assigned by the Governor to exercise such powers in relation to youths. 23—Limitation on power to impose custodial sentence (1) Subject to subsection (6), the Court cannot sentence a youth to imprisonment. (2) If an offence of which a youth is convicted, or found guilty, is punishable by imprisonment where committed by an adult, the Court may sentence the youth to— (a) detention in a training centre for a period not exceeding three years; or (b) home detention for a period not exceeding 12 months, or for periods not exceeding 12 months in aggregate over 2 years or less; or (c) detention in a training centre for a period not exceeding 2 years to be followed by home detention for a period not exceeding 12 months. (3) If, however, the maximum term of imprisonment prescribed for the offence is less than three years, the period of detention to which the youth is sentenced cannot exceed that maximum. (4) A sentence of detention must not be imposed for an offence unless— (a) the offender is a recidivist young offender or a serious firearm offender; or (b) in any other case—the Court is satisfied that a sentence of a non‑custodial nature would be inadequate— (i) because of the gravity or circumstances of the offence; or (ii) because the offence is part of a pattern of repeated offending. (5) A sentence of home detention— (a) must not be imposed unless the Court is satisfied that the residence the Court proposes to specify in its order is suitable and available for the detention of the youth and that the youth will be properly maintained and cared for while detained in that place; and (b) should not be imposed if the Court is not satisfied that adequate resources exist for the proper monitoring of the youth while on home detention by a home detention officer. (6) If the Court sentences a youth to detention in respect of an offence and does not suspend the sentence, the following provisions apply: (a) where the youth is already in custody in a prison, the youth will serve the detention, or such part of it as the Court may direct, in a prison; (b) where the youth has previously served a sentence of imprisonment or detention in a prison, the Court must, unless satisfied that there are exceptional circumstances for not doing so, direct that the youth serve the detention in a prison; (c) where the sentence of detention will extend past the youth's 21st birthday, the Court must, unless satisfied that there are exceptional circumstances for not doing so, direct that any period of the detention that is to be served by the youth after he or she reaches 21 years of age is to be served in a prison rather than in a training centre. (7) The Correctional Services Act 1982 applies to and in relation to a youth serving detention in a prison under subsection (6). 24—Limitation on power to impose fine The Court may not impose a fine exceeding $2 500 for an offence. 25—Limitation on power to require community service (1) The Court may not require a youth to carry out community service if the aggregate requirement to which a youth is subject at any one time exceeds 500 hours. (2) The period, to be stipulated by the Court, over which community service is to be performed may not exceed 18 months. 26—Limitation on Court's power to require bond (1) The Court may not, in the exercise of its power to sentence a youth for an offence, require the youth to enter into a bond. (2) The Court may, however, by order of the Court, impose an obligation of the kind that might otherwise have been imposed under a bond. (3) The obligations imposed under subsection (2) may, for example, include the following: (a) an obligation to submit to supervision as ordered by the Court; (b) an obligation to participate in a specified programme, or to attend a specified activity centre; (ba) an obligation to carry out specified work (whether for the benefit of a victim of the offence, a person who has suffered loss or damage or for any other person or body); (c) an obligation to reside where directed by the Court. (4) A person who fails to comply with an obligation imposed under this section is guilty of an offence. Maximum penalty: $2 500 or detention for 6 months (or both). (5) If an order has been made under this section imposing an obligation that a person be supervised for a period that will extend past the person's 21st birthday, the Court may, on application by the person or the Chief Executive, direct that, after the person reaches 21 years of age, the person be supervised by a community corrections officer rather than by a community youth justice officer. (6) In subsection (5)— community corrections officer means a community corrections officer under the Correctional Services Act 1982. 27—Court may require undertaking from guardians The Court may release a youth on an undertaking on condition that the guardians of the youth enter into a supplementary undertaking with the Court— (a) to guarantee the youth's compliance with the conditions of the youth's undertaking; and (b) to take specified action to assist the youth's development and to guard against further offending by the youth; and (c) to report at intervals stated in the supplementary undertaking on the youth's progress. 28—Power to disqualify from holding driver's licence (1) If the Court is of the opinion that a youth who has been found guilty of an offence is not a fit and proper person to hold or obtain a licence to drive a motor vehicle, or that disqualification from holding such a licence is an appropriate penalty for the offence committed, the Court may make an order disqualifying the youth from holding or obtaining such a licence, except for such purposes (if any) as may be specified in the order, for a period of stated duration commencing from a specified time. (2) On application by the youth, the Judge of the Court or a magistrate of the Court may, if satisfied that it is just or expedient to do so, vary or revoke any order for disqualification made under subsection (1). (3) A youth is not entitled to apply to the Magistrates Court for an order removing a disqualification pursuant to section 172 of the Road Traffic Act 1961 until after attaining the age of 18 years. Division 4—Sentencing of youth by Supreme or District Court 29—Sentencing of youth by Supreme or District Court (1) Subject to this Act, where a youth is committed to the Supreme Court or the District Court for trial, and is found guilty on trial in that court, or is committed to the Supreme Court or the District Court for sentence, that court, on sentencing the youth, may— (a) deal with the youth as an adult; or (b) make any order in relation to the youth that may be made by the Youth Court on sentencing a youth; or (c) remand the youth to the Youth Court for sentencing. (2) If a youth is found guilty by the Supreme Court or the District Court of an offence that is a lesser offence than the one on which the youth was committed for trial, the court cannot deal with the youth for that offence as if he or she were an adult unless— (a) the offence is an indictable (but not minor indictable) offence; and (b) the court is satisfied that, because of the gravity of the offence or the youth's history of offending, the youth should be dealt with as if he or she were an adult. (3) If a youth is committed for trial or sentence in the Supreme Court or the District Court at his or her own request, the court cannot deal with the youth for the offence as if he of she were an adult unless the court is satisfied that, because of the gravity of the offence or the youth's history of offending, the youth should be dealt with as if he or she were an adult. (4) A youth who is found guilty of murder— (a) must be sentenced to imprisonment for life; and (b) must be dealt with as an adult. Division 5—Miscellaneous 30—Court to explain proceedings etc (1) A court before which criminal proceedings are brought against a youth must satisfy itself that the youth understands the nature of those proceedings. (2) If the youth is not represented by counsel or solicitor, the court— (a) must explain to the youth in simple language the elements of the offence charged, the nature of the allegations against the youth and the legal implications of those allegations; and (b) must provide the youth with a written statement in the prescribed form of the youth's rights in respect of legal representation and of the way to proceed in order to obtain legal advice, representation or assistance. (3) If a youth is sentenced to a fine or ordered to make any other payment of money, the court must give the youth a notice stating in simple language the amount the youth must pay and the time and place at which payment is to be, or may be, made. (4) Non-compliance with this section does not invalidate a judgment or order of the court. 31—Prohibition of joint charges A youth cannot be charged jointly with an adult unless the charge is to be heard and determined by the Supreme Court or the District Court. 32—Reports (1) The Chief Executive must, at the request of a court by which a youth is to be sentenced, have a report prepared on the social background and personal circumstances of the youth. (2) Such a report may not contain any recommendation about sentence. (3) Subject to subsection (5), no report relating to the social background or personal circumstances of a youth may be tendered to a court before the court has found an offence proved against the youth. (4) If a youth is found not guilty by a court, any report relating to the social background or personal circumstances of the youth prepared for the purposes of the proceedings must be destroyed. (5) This section does not prevent the court from receiving during the course of a hearing any psychiatric or medical evidence relating to the youth, insofar as that evidence is relevant to the guilt or innocence of the youth. (6) The court in determining sentence must not take into account any matter given in evidence, or appearing in any report presented, to the court, if the matter is disputed by the youth, any guardian of the youth or the prosecutor, unless the court has decided that the matter has been proved beyond reasonable doubt. 33—Reports to be made available to parties (1) In criminal proceedings against a youth, a copy of every report received by the court must, subject to any contrary order of the court, be furnished to the youth, to any guardian of the youth who is present in court, and to the prosecutor. (2) The court may order that a copy of a report, or part of a report, be not furnished to a particular person if of the opinion that its disclosure to that person may be prejudicial to the welfare of the youth. 34—Attendance at court of guardian of youth charged with offence (1) Where a youth is before a court in proceedings under this Part, the court may order a guardian or guardians to attend at the court until the proceedings are completed, unless sooner excused by the court. (2) When the court makes an order under subsection (1), it may adjourn the hearing of the case and have the order served on the guardian named in the order. (3) Any person who, having been served with an order under this section, fails to attend the court in compliance with the order is guilty of an offence. Maximum penalty: $750. 35—Counsellors etc may make submissions to court In proceedings for an offence against a youth, a court may, on the application of a person who has been counselling, advising or aiding the youth, or on the application of a guardian of the youth, hear submissions that the person or guardian wishes to make in relation to the youth. Part 5—Custodial sentences Division 1—Youth sentenced as adult 36—Detention of youth sentenced as adult (1) Subject to any direction of the sentencing court to the contrary, a youth who has been dealt with as an adult and sentenced to imprisonment will serve that sentence in a training centre. (2) If a youth is serving a sentence of imprisonment in a training centre, and the sentence of imprisonment will extend past the youth's 18th birthday, the following must occur before the youth reaches 18 years of age: (a) a report on the youth's progress in detention must be provided by the Chief Executive to the sentencing court; (b) the sentencing court must review the detention and, having regard to the report and any other matter the court thinks fit, direct that the imprisonment in a training centre continue or the youth be transferred to a prison. (3) Subject to subsection (4), while a youth is serving a sentence of imprisonment in a training centre, this Act applies to the youth, to the exclusion of the Correctional Services Act 1982, as if the youth had been sentenced to detention in a training centre. (4) The following provisions of the Correctional Services Act 1982 apply to and in relation to a youth who is serving a sentence of imprisonment in a training centre: (b) Division 3 of Part 6 (release on parole) applies to a youth in respect of whom a non-parole period has been fixed, with the following modifications: (i) a reference to the Board will be taken to be a reference to the Training Centre Review Board; (ii) a reference to a prisoner will be taken to be a reference to a youth; (iii) a reference to a prison will be taken to be a reference to a training centre; (iv) a reference to a community corrections officer will be taken to be a reference to a community youth justice officer under the Youth Justice Administration Act; (v) a reference to the CE will be taken to be a reference to the Chief Executive. (5) If a youth who is on parole attains the age of 18 years— (a) the preceding provisions of this section cease to apply in relation to the youth; and (b) any reference in the parole conditions to the Training Centre Review Board will be taken to be a reference to the Parole Board; and (c) any reference in the parole conditions to an officer of the Department will be taken to be a reference to a community corrections officer. Division 1A—Detention or imprisonment in a prison 36A—Transfer following imposition of concurrent prison sentence (1) If a youth who is serving a sentence of detention or imprisonment in a training centre (the youth sentence) is sentenced to imprisonment for an offence committed after turning 18 years of age and that sentence is to be served concurrently with the youth sentence, the sentencing court must, unless satisfied that there are exceptional circumstances as to why such a direction should not be made, direct that the youth be transferred to a prison to serve those sentences. (2) The Correctional Services Act 1982 applies to and in relation to a youth transferred to a prison under this section. (3) For the purposes of this section, a sentence of detention includes an order for detention issued for the enforcement of a community service order. Division 2A—Home detention 37A—Conditions of home detention (1) A sentence of home detention imposed on a youth by a court is subject to the following conditions: (a) the youth must remain at a residence specified by the court throughout the period of home detention and must not leave that residence at any time except for the following purposes: (i) remunerated employment; or (ii) urgent medical or dental treatment for the youth; or (iii) attendance at a course of education, training or instruction or any other activity as required by the court or as approved or directed by the home detention officer to whom the youth is assigned; or (iv) any other purpose approved or directed by the home detention officer; (b) the youth must be of good behaviour throughout the period; (c) the youth must obey the lawful directions of the home detention officer throughout the period; (d) such other conditions as the Court may specify. (2) The Court may vary or revoke a condition imposed under subsection (1)(d). (3) In this section— residence includes, if the youth is an Aboriginal person, any place specified by the Court as the person's residence. 37B—Home detention officers (1) On receiving a copy of an order for home detention, the Chief Executive must assign the youth to a home detention officer and may from time to time re-assign the youth to another home detention officer. (2) A home detention officer to whom a youth is assigned— (a) may give reasonable written directions to the youth— (i) requiring the youth to take up, or not to give up, some particular course of education, training or instruction; or (ii) requiring the youth to take up, or not to give up, some particular employment; or (iii) requiring the youth to attend some particular counselling course; and (b) may give the youth other written directions of a kind authorised by the Minister either generally or in relation to the particular youth. (3) Any home detention officer may at any time— (a) enter or telephone the residence of a youth serving a sentence of home detention; or (b) telephone the youth's place of employment or any other place at which the youth is required or permitted to attend; or (c) question any person at that residence or place, for the purposes of ascertaining whether or not the youth is complying with the conditions to which his or her home detention is subject. (4) A person must not— (a) hinder a home detention officer in the exercise of powers under this section; or (b) fail to answer truthfully a question put to the person by a home detention officer pursuant to those powers. Maximum penalty: $2 500. 37C—Variation or revocation of home detention order (1) The Court may vary an order for home detention if satisfied that the residence specified in the order is no longer suitable for detention of the youth and that there is some other suitable residence available for his or her detention. (2) If the Court is satisfied that— (a) a youth serving a sentence of home detention has breached a condition to which the home detention was subject; or (b) the residence specified in the order is no longer suitable for the youth and no other suitable residence is available for his or her detention, the Court may revoke the order for home detention. (3) A youth is not in breach of the condition requiring the youth to remain at his or her residence if he or she leaves the residence for the purpose of averting or minimising a serious threat of risk or injury (to the youth or some other person). (4) If the Court revokes an order for home detention it may impose some other sentence on the youth and, in doing so, must take into account the period served by the youth under the order. (5) If an order for home detention is revoked o