Northern Territory Consolidated Acts

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YOUTH JUSTICE ACT 2005 - SECT 81

Principles and considerations to be applied to youth offenders

    (1)     When sentencing a youth who has been found guilty of an offence, the Court must have regard to:

        (a)     the principles applying generally for disposing of charges of offences, except as those principles are modified by this Act; and

        (b)     the general principles of youth justice set out in section 4.

    (2)     The Court must consider any information about the youth or the offence that may assist the Court to decide how to dispose of the matter, and in particular must consider:

        (a)     the nature and seriousness of the offence; and

        (b)     any history of offences previously committed by the youth; and

        (c)     the youth's cultural background; and

        (d)     the age and maturity of the youth; and

        (e)     any previous order in relation to an offence that still applies to the youth, and any further order that is liable to be imposed if the youth has not complied with the terms of the previous order; and

        (f)     the extent to which any person was affected as a victim of the offence.

    (3)     The Court must dispose of the matter in a way that is in proportion to the seriousness of the offence.

    (4)     The Court must have regard to the fact that the rehabilitation of a youth may be facilitated by:

        (a)     the participation of the youth's family; and

        (b)     giving the youth opportunities to engage in educational programs and in employment,

but the absence of such participation or opportunities must not result in the youth being dealt with more severely for the offence.

    (5)     The Court must take into account whether the youth has taken steps to make amends with any of the victims of the offence.

    (6)     The Court must impose a sentence of detention or imprisonment on a youth only as a last resort, and a sentence of imprisonment only if there is no appropriate alternative.



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