Northern Territory Consolidated Acts

YOUTH JUSTICE ACT 2005

TABLE OF PROVISIONS

   PART 1--PRELIMINARY MATTERS

           Division 1-- General matters

   1.      Short title  
   2.      Commencement  
   3.      Objects  
   4.      Principles  

           Division 2--Interpretation matters

   5.      Interpretation  
   6.      Meaning of youth  
   7.      Intimate procedures  
   8.      Non-intimate procedures  
   9.      Illicit drug or substance  

           Division 3--Use of force generally

   10.     Use of force generally  

   PART 2--APPREHENSION AND REMAND

           Division 1--General matters

   12.     Application of Part  
   13.     Definitions  
   14.     Register of appropriate support persons  

           Division 2--Police powers and obligations

   15.     Explanations by police officers  
   16.     Guidelines in relation to arrest of youths  
   17.     Authorised officer to be notified  
   18.     Interview of youth  
   19.     Search of youth  
   20.     Search must be by person of same gender  
   21.     Authorised officer must consent to prosecution  
   22.     Charge to be by summons except in certain cases  
   23.     Responsible adults to be informed  
   24.     Detention of youth not admitted to bail  
   25.     Detained youth requiring medical attention  
   26.     Separation from adults where practicable  
   27.     Youth to be brought before Court promptly  

           Division 3--Forensic procedures

   28.     Interpretation  
   29.     Restriction on carrying out procedure  
   30.     Intimate procedure  
   31.     Non-intimate procedure  
   32.     Voluntary non-intimate procedure  
   33.     Identifying procedure  
   34.     Youth to be provided with copy of report  

           Division 4--Support persons and authorised officers

   35.     Support person  
   36.     Authorised officers  

   PART 3--DIVERSION OF YOUTH

   37.     Purpose and application of Part  
   38.     Definitions  
   38A.    Meaning of prescribed offence  
   39.     Diversion of youth  
   40.     Youth and responsible adult must consent to diversion  
   41.     Effect of diverting youth  
   42.     Extension of limitation period  
   42A.    Reporting on diversion of youth  
   43.     Publication of information of diversion  
   44.     No review or appeal  

   PART 4--YOUTH JUSTICE COURT

   45.     Continuation and constitution  
   46.     Exercise of jurisdiction  
   46A.    Changes in constitution of Court during proceedings  
   47.     Registrar of Youth Justice Court  
   48.     Where Youth Justice Court may be held  
   49.     Proceedings to be in closed court  
   50.     Restriction of publication  
   51.     Youth in need of protection  

   PART 5--COURT PROCEEDINGS

           Division 1--Jurisdiction and proceedings generally

   52.     Jurisdiction of Youth Justice Court  
   53.     Application of other Acts  
   54.     Court to deal with matters summarily except in certain cases  
   54A.    Exception if adult offender would be liable to life imprisonment  
   55.     Indictable offence tried summarily if youth consents  
   56.     Court may decline to hear and determine charge summarily  
   56A.    Youth may elect to be tried summarily  
   56B.    Youth and adult charged – joint preliminary examination  
   57.     Referral to Supreme Court for sentencing  
   58.     Pleas in summary hearing  
   59.     Exclusion of evidence unlawfully obtained  
   60.     Points of law may be reserved for consideration of Supreme Court  
   61.     Court must explain proceedings to youth  
   62.     Legal representation of youth  
   63.     Responsible adults to attend court  
   64.     Court may refer youth to diversion  
   64A.    Youth Justice Court may dismiss charges  
   64B.    Court may order appropriate Agency to enter into family responsibility agreement with parent of youth  
   65.     Court may remand youth  

           Division 2--Reports and submissions

   66.     Enquiry and examination authorised  
   67.     Report as to mental condition of youth  
   68.     Court may seek submissions or reports  
   69.     Court must require pre-sentence report  
   70.     Content of pre-sentence report  
   71.     Report in certain circumstances  
   72.     Court may adjourn for report to be prepared  
   73.     Reports to be made available  
   74.     Challenge to contents of report  
   75.     Protection in relation to report  

           Division 3--Victim impact statements and victim reports

   76.     Definitions  
   77.     Court must consider victim impact statement or victim report  
   78.     Victim impact statements  
   79.     Victim reports  
   80.     Other matters may be addressed  

           Division 4--Community court sentencing procedure

   80A.    Definitions  
   80B.    Meaning of Aboriginal experience report  
   80C.    Application for community court sentencing procedure  
   80D.    Community court sentencing procedure  
   80E.    Information in Aboriginal experience report and responses of Law and Justice Group  
   80F.    Rules of Court and practice directions  

   PART 6--DISPOSITION BY COURT

           Division 1--General principles

   81.     Principles and considerations to be applied to youth offenders  
   82.     Powers of Supreme Court in sentencing  

           Division 2--Sentencing options

   83.     Orders Court may make  
   84.     Court may order pre-sentencing conference  
   85.     Non-parole period  
   86.     Fixing non-parole period otherwise than at time of sentencing  
   87.     Fixing new non-parole period in respect of multiple sentences  
   88.     Court may disqualify youth from holding driving licence  
   89.     Restitution  
   89A.    Court may order family responsibility agreement be entered into  

           Division 3--Approved programs

   90.     Matters relating to approved programs  

           Division 4--Good behaviour orders

   91.     Making good behaviour order  

           Division 5--Fines

   92.     Imposition of fine  

           Division 6--Community work orders

   93.     Application and purpose of community work orders  
   94.     Making community work order  
   95.     Duties of youth in carrying out community work order  
   96.     Breach of community work order  
   97.     CEO may approve projects  

           Division 7--Suspended sentences

   98.     Making order to suspend sentence  
   98A.    Procedural matters  

           Division 8--Alternative detention orders

   99.     Application  
   100.    Making alternative detention order  
   101.    Circumstances in which alternative detention order may be made  
   102.    Conditions of order  
   103.    Procedural matters  
   104.    If more than one alternative detention order made  
   110.    Breach of alternative detention order  

           Division 9--Periodic detention orders

   111.    Application  
   112.    Making periodic detention order  
   113.    Order must specify number of detention or imprisonment periods  
   114.    Conditions of order  
   115.    Procedural matters  
   116.    Order remains in force until served or cancelled  
   117.    Warrant of commitment covers all periods  
   118.    Youth in lawful custody  
   119.    Appropriate authority can vary times  
   120.    Youth unfit for detention or imprisonment  

           Division 10--Breach of order and re-offending during adjournment

   121.    Breach  
   122.    Youth offends during adjournment  

           Division 11--Miscellaneous matters

   123.    Explanation of orders  
   124.    Arrest without warrant if condition breached  
   125.    Aggregate sentences of detention or imprisonment  
   126.    Detention or imprisonment to be concurrent unless otherwise ordered  
   127.    Cumulative orders of detention or imprisonment  
   128.    Taking other offences into account  
   129.    Sentence of detention or imprisonment may be backdated  
   130.    Order of service of sentences of detention or imprisonment  
   131.    Further sentence if detainee on parole  
   133.    Parents liable for costs of detention  
   134.    Forfeiture of bail  
   135.    Registrar may disclose name of youth  
   136.    Certain findings of guilt not to be mentioned  
   137.    Procedure where youth before another court  
   138.    Procedure where adult before Youth Justice Court  
   139.    Court has jurisdiction  
   140.    Referred proceedings valid  

   PART 6AA--COMMUNITY YOUTH JUSTICE OFFICERS AND MONITORING

           Division 1--Community youth justice officers

   140AA.  Community youth justice officers  

           Division 2--Monitoring

   140AB.  Approval of monitoring devices  
   140AC.  Direction by community youth justice officer  
   140AD.  CEO may direct use of approved monitoring device  
   140AE.  Compliance with monitoring order  

           Division 3--Alcohol and drug testing

   140AF.  Prescribed alcohol/drug tests  
   140AG.  Tampering with test samples  
   140AH.  Evidentiary matters in relation to prescribed alcohol/drug tests  

   PART 6A--RESPONSIBLE CARE AND SUPERVISION WITHIN THE FAMILY

           Division 1--Preliminary

   140A.   Definitions  
   140B.   Guiding principles  
   140C.   How Agency acts for the purposes of this Act  
   140CA.  Relationship of this Part to Court powers  

           Division 2--Family responsibility agreements

   140D.   Power to enter into family responsibility agreement  
   140E.   Family responsibility agreement  
   140F.   Family responsibility agreement not to give rise to enforceable obligations  

           Division 3--Family circumstances

   140G.   Inquiries into family circumstances  
   140H.   General provisions about inquiry  

   PART 7--RECONSIDERATION AND REVIEW OF SENTENCES AND APPEALS

   141.    Reconsideration of sentence  
   142.    Review of sentencing orders  
   143.    Court may re-open proceeding to correct sentencing errors  
   144.    Appeal to Supreme Court  
   145.    Appeal operates as stay  
   146.    Single Judge may refer appeal to Full Court  
   147.    Powers of Supreme Court on appeal  

   PART 8--YOUTH DETENTION CENTRES

           Division 1--Detention centres

   148.    Approval of youth detention centres  
   149.    Admission to detention centre  
   150.    Explanation of rights and responsibilities  

           Division 2--Superintendent

   151AB.  Meaning of approved restraints  
   151.    Superintendent of detention centre  
   152.    Powers of superintendent  
   153.    Prohibited actions  
   154.    Use of force  
   155.    Use of restraint devices  
   155A.   Separation of detainees  
   155B.   What happens during separation  
   156.    Detainee's right to be heard  
   157.    Delegation by superintendent  
   157A.   Assistance to deal with or prevent emergency  
   158.    Register of detainees  
   158A.   Register of use of approved restraints  

           Division 3--Detainees

   159.    Sample by buccal swab  
   160.    Detainee may be tested for alcohol or illicit drug  
   161.    Search of detainees  
   162.    At risk detainees  
   163.    Complaint  

           Division 4--Miscellaneous matters

   164.    Detainee who becomes an adult  
   165.    Superintendent may permit absence from centre  
   166.    Early release by superintendent  
   167.    Arrest of unlawfully absent detainee  
   167A.   Return to custody  
   167B.   Use of detention centre to accommodate sheriff's detainees  
   168.    Inspection of detention centre  
   168A.   Transfer of detainee to another detention centre  

   PART 9--OFFICIAL VISITORS

   169.    Appointment of official visitors  
   170.    Functions of official visitors  
   171.    Frequency of visits  
   172.    Official visitors not to interfere  

   PART 10--MEDICAL TREATMENT FOR DETAINEES

   173.    Access to medical practitioner  
   174.    Direction of medical practitioner  
   175.    Taking of medical sample  
   176.    Detainee may be required to be examined or treated  
   177.    CEO can give consent  
   178.    Removal to hospital  
   179.    Custody of detainee in hospital  
   180.    Notification of illness or death  

   PART 11--INTERSTATE TRANSFER OF DETAINEES AND YOUTHS UNDER SUPERVISION

   181.    Definitions  
   182.    Application of Part  
   183.    Ministers may agree  
   184.    Transfer from Territory  
   185.    Transfer from State to Territory  
   186.    Reports  
   187.    Escort for transfer  
   188.    Information to be sent to corresponding Minister  
   189.    Sentence transferred  
   190.    Order revoked if transferee escapes  
   191.    Territory transferee subject to supervision  
   192.    Youth subject to supervision in State  

   PART 12--OFFENCES

   193.    Escaping from detention centre  
   194.    Escape of interstate detainee  
   195.    Aiding or abetting escapee  
   196.    Loitering  
   197.    Contraband  
   198.    Communication  
   199.    Offence to remove youth  
   200.    Obstructing or hindering detention centre staff and other officers  
   201.    Personation  

   PART 13--YOUTH JUSTICE ADVISORY COMMITTEE

   202.    Definition  
   203.    Establishment  
   204.    Functions  
   205.    Powers  
   206.    Members  
   207.    Chairperson  
   208.    Term of office  
   209.    Vacation of office  
   210.    Termination of appointment  
   211.    Meetings  
   212.    Quorum  
   213.    Annual report  

   PART 14--MISCELLANEOUS MATTERS

   214.    Confidentiality  
   215.    Immunity  
   215A.   Prosecutions  
   215B.   Civil proceedings  
   216.    Delegation by Minister or CEO  
   217.    Regulations  

   PART 15--REPEALS AND TRANSITIONAL MATTERS FOR YOUTH JUSTICE ACT 2005

   218.    Definition  
   219.    Repeal of Acts  
   220.    Saving of approvals and appointments  
   221.    Orders of Juvenile Court  
   222.    Proceedings not completed  
   223.    Offences committed before commencement of this Act  

   PART 16--PROVISIONS FOR YOUTH JUSTICE AMENDMENT ACT 2010

   224.    Exercise of jurisdiction under pre-commencement Act  
   225.    Matter before Supreme Court at commencement  

   PART 17--TRANSITIONAL MATTERS

           Division 1--Criminal Code Amendment (Criminal Damage) Act 2011

   226.    Transitional matters for Criminal Code Amendment (Criminal Damage) Act 2011  

           Division 2--Justice and Other Legislation Amendment Act 2014

   227.    Application of section 131 to offences committed before commencement  

           Division 3--Sentencing Legislation Amendment Act 2015

   228.    Application of amendments  

           Division 4--Transitional matters for Youth Justice Legislation Amendment Act 2017

   229.    Definitions  
   230.    Immunity continues  
   231.    Prosecutions may be made by Commissioner of Correctional Services  
   232.    Superseded references to certain offices  

           Division 5--Transitional matters for Youth Justice Legislation Amendment Act 2018

   233.    Definitions  
   234.    Isolated detainees  
   235.    Restrained detainees  

           Division 6--Transitional matters for Youth Justice and Related Legislation Amendment Act 2019

   236.    Definitions  
   237.    Application of section 215B after commencement  
   238.    Application of section 215B before commencement  

           Division 7--Transitional matters for Sexual Offences (Evidence and Procedure) Amendment Act 2020

   239.    Publications allowed under section 50(2)  
   241.    Application of Part 5, Division 4  
           SCHEDULE
           ENDNOTES