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This is a Bill, not an Act. For current law, see the Acts databases.


SENTENCING OF JUVENILES (MISCELLANEOUS PROVISIONS) BILL 2000

Mr Burke






A BILL
for
AN ACT

to ensure that persons who are 17 years of age or over but under 18 years of age are treated as juveniles under the criminal law of the Territory and for related purposes















ii



NORTHERN TERRITORY OF AUSTRALIA

Sentencing of Juveniles (Miscellaneous Provisions) ACT 2000

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No. of 2000
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TABLE OF PROVISIONS


Section

Part 1 – preliminary

1. Short title
2. Commencement
3. Interpretation

part 2 – amendments of juvenile justice act, sentencing act and other acts to raise upper age of juveniles from 17 to 18 years of age

4. Amendments of Juvenile Justice Act
5. Amendment of Sentencing Act
6. Amendments of other Acts

Part 3 – provisions that apply generally to persons who have COMMITTED offences when 17 years of age

7. Offence committed when 17 years of age – offender awaiting sentence
8. Offence committed when 17 years of age – offender already sentenced
9. Proceedings not to be rendered invalid

Part 4 – provisions that apply to persons found guilty of property offences committed when 17 years of age

10. Offence committed when 17 years of age – offender re-offends when still 17 years of age
11. Offence committed when 17 years of age – offender re-offends when 18 years of age or older
12. Offence committed when 17 years of age – offender may elect to be dealt with under Sentencing Act
Sentencing of Juveniles (Miscellaneous Provisions) Act 2000

2




NORTHERN TERRITORY OF AUSTRALIA
____________________

No. of 2000
____________________


AN ACT


to ensure that persons who are 17 years of age or over but under 18 years of age are treated as juveniles under the criminal law of the Territory and for related purposes




[Assented to 2000]
[Second reading 2000]




The Legislative Assembly of the Northern Territory enacts as follows:



Part 1 – preliminary

1. Short title
This Act may be cited as the Sentencing of Juveniles (Miscellaneous Provisions) Act 2000.

2. Commencement
This Act comes into operation on 1 June 2000.

3. Interpretation
(1) In this Act, unless the contrary intention appears, "Juvenile Court" has the same meaning as "Court" has in the Juvenile Justice Act.

(2) Unless the contrary intention appears, if a word or expression that is used in this Act is defined for the purposes of the Juvenile Justice Act or Sentencing Act, the word or expression has the same meaning in this Act as it has in the Juvenile Justice Act or Sentencing Act.


part 2 – amendments of juvenile justice act, sentencing act and other acts to raise upper age of juveniles from 17 to 18 years of age

4. Amendments of Juvenile Justice Act
The Juvenile Justice Act is amended – 5. Amendment of Sentencing Act
Section 78A of the Sentencing Act is amended by omitting from subsection (9) "17 years" (twice occurring) and substituting "18 years".

6. Amendments of other Acts
(1) Section 4 of the Bail Act is amended by omitting "17 years" and substituting "18 years".

(2) Section 29A of the Law Reform (Miscellaneous Provisions) Act is amended by omitting from subsection (1) "17 years" and substituting "18 years".

(3) The Misuse of Drugs Act is amended –

(4) Section 21 of the Prisons (Correctional Services) Act is amended by omitting from subsections (1) and (3) "17 years" and substituting "18 years".

Part 3 – provisions that apply generally to persons who have COMMITTED offences when 17 years of age

7. Offence committed when 17 years of age – offender awaiting sentence
(1) On the commencement of this Act, if – the offender must be sentenced by the Juvenile Court.

(2) On the commencement of this Act, if a person has been charged with an offence committed when the person was 17 years of age and the offence is to be dealt with by a court (other than the Juvenile Court) the court must refer the matter to Juvenile Court to be dealt with by the Juvenile Court.

(3) The Juvenile Court has jurisdiction in respect of a matter that is required to be dealt by it in accordance with subsection (1) or (2) and the Juvenile Justice Act applies in relation to the matter as if the proceedings in respect of the matter had been brought under that Act.

8. Offence committed when 17 years of age – offender already sentenced
If, before the commencement of this Act, a court (other than the Juvenile Court) had sentenced an offender in respect of an offence committed when the offender was 17 years of age, the offender is to be treated as if he or she is an adult in respect of any proceedings relating to the offence despite that the offender may not be 18 years of age.

9. Proceedings not to be rendered invalid
(1) If proceedings are to be dealt with by the Juvenile Court as required by this Act, the proceedings are to be dealt with as proceedings before the Juvenile Court despite that before the commencement of this Act the proceedings or any part of those proceedings did not comply with the Juvenile Justice Act or that a requirement of that Act had not been compiled with.

(2) For the purposes of this Act, it is expressly declared that no proceedings to be dealt with by the Juvenile Court as required by this Act can be declared invalid by reason that before the commencement of this Act those proceedings did not comply with the Juvenile Justice Act or that a requirement of that Act had not been complied with.


Part 4 – provisions that apply to persons found guilty of property offences committed when 17 years of age

10. Offence committed when 17 years of age – offender re-offends when still 17 years of age
If – the order made under section 78A of the Sentencing Act is to be taken to be an order made by the Juvenile Court on a previous day – 11. Offence committed when 17 years of age – offender re-offends when 18 years of age or older
If – the offences referred to in paragraph (a), and any sentences imposed in respect of those offences, are not to be taken into account in determining the order that the court must make under section 78A of the Sentencing Act in respect of the offences referred to in paragraph (b).

12. Offence committed when 17 years of age – offender may elect to be dealt with under Sentencing Act
(1) Despite section 10 or 11, if a person is charged with one or more property offences committed when the person was 17 years of age, the person may elect to be dealt with under the Sentencing Act in respect of those offences.

(2) If an election is made under subsection (1) –

(3) This section applies only to property offences committed before the commencement of this Act.

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