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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Young Offenders)
Bill 2007
A BILL FOR
An Act to amend various Acts to make provision for serious repeat offending
by young people.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Criminal Law Consolidation
Act 1935
4 Amendment of section 5AA—Aggravated
offences
Part 3—Amendment of Criminal Law (Sentencing)
Act 1988
5 Amendment of section 10—Matters to be
considered by sentencing court
Part 4—Amendment of Young Offenders
Act 1993
6 Amendment of section 3—Objects and statutory
policies
7 Insertion of Part 4 Division A1
Division
A1—Interpretation
15A Interpretation
8 Amendment
of section 16—Where charge is to be laid
9 Amendment of section
17—Proceedings on charge laid before Youth Court
10 Insertion of
section 17A
17A Proceedings on charge laid before Magistrates
Court
11 Amendment of heading to Part 4 Division 2
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Young Offenders)
Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law Consolidation
Act 1935
4—Amendment of
section 5AA—Aggravated offences
(1) Section 5AA(1)(h)—after "persons" insert:
(including persons who are children)
(2) Section 5AA(1)—after paragraph (i) insert:
(ia) in the case of an offence constituted under Part 7B where the
principal offence is an aggravated offence—the principal offender was, to
the knowledge of the offender under that Part, a child;
Part 3—Amendment
of Criminal Law (Sentencing)
Act 1988
5—Amendment of
section 10—Matters to be considered by sentencing
court
Section 10(1)—after paragraph (ec) insert:
(ed) if the offence was committed by an adult in circumstances where the
offending conduct was seen or heard by a child (other than the victim (if any)
of the offence or another offender)—those circumstances;
Part 4—Amendment
of Young Offenders
Act 1993
6—Amendment of
section 3—Objects and statutory policies
Section 3(2a)(b)—delete paragraph (b) and substitute:
(b) if the sanctions are imposed by a court 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), regard should be
had—
(i) to the deterrent effect any proposed sanction may have on other
youths; and
(ii) the balance to be achieved between—
(A) the protection of the community; and
(B) the need to rehabilitate the youth.
7—Insertion of
Part 4 Division A1
Part 4—before Division 1 insert:
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;
(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.
8—Amendment of
section 16—Where charge is to be laid
(1) Section 16—delete "If" and substitute:
Subject to this section, if
(2) Section 16—after its present contents as amended by this section
(now to be designated as subsection (1)) insert:
(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
Note—
See also section 102 of the Summary Procedure
Act 1921.
(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.
9—Amendment of
section 17—Proceedings on charge laid before Youth
Court
(1) Section 17(1)—after "charge" first occurring insert:
laid before the Court
(2) Section 17(3)(c)—delete "Director of Public Prosecutions" and
substitute:
DPP
After section 17 insert:
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 preliminary examination, 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.
11—Amendment of
heading to Part 4 Division 2
Heading to Part 4, Division 2—after "trial" insert:
in Youth Court