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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Youths Sentenced as Adults)
Bill 2017
A BILL FOR
An Act to amend the
Young
Offenders Act 1993
; the
Criminal
Law (Sentencing) Act 1988
; and the
Sentencing
Act 2017
.
Contents
Part 2—Amendment
of Young Offenders Act 1993
4Amendment of section 3—Objects and
statutory policies
Part 3—Amendment of Criminal Law
(Sentencing) Act 1988
5Amendment of section 31A—Application of
Division to youths
Part 4—Amendment
of Sentencing Act 2017
6Amendment of section 46—Application of
Division to youths
Schedule 1—Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Youths Sentenced as
Adults) Act 2017.
(1) Subject to
subsection (2)
, this Act will come into operation on the day on which it is assented to
by the Governor.
(2)
Part 4
of this Act will come into operation immediately after section 6 of the
Sentencing
Act 2017
comes into operation.
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 Young Offenders
Act 1993
4—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)—
(i) the paramount consideration of the court when determining sentence
must be to protect the safety of the community (whether as individuals or in
general); and
(ii) that paramount consideration outweighs any other consideration,
object or policy, including the object and statutory policies referred to in
subsections (1) and (2) and the need to rehabilitate the youth; and
(iii) regard should be had to the deterrent effect any proposed sanction
may have on other youths.
Part 3—Amendment
of Criminal Law (Sentencing)
Act 1988
5—Amendment
of section 31A—Application of Division to youths
Section 31A(a1)—delete "(whether or not the youth is sentenced as an
adult or is sentenced to detention to be served in a prison or is otherwise
transferred to or ordered to serve a period of detention in a prison)" and
substitute:
unless the youth is sentenced as an adult
Part 4—Amendment
of Sentencing Act 2017
6—Amendment
of section 46—Application of Division to youths
Section 46(1)—delete "(whether or not the youth is sentenced as an
adult, or is sentenced to detention to be served in a prison, or is otherwise
transferred to or ordered to serve a period of detention in a prison)" and
substitute:
unless the youth is sentenced as an adult
Schedule 1—Transitional
provision
(1) In this clause—
commencement day means the day on which
Part 2
of this Act commences.
(2) The amendments to the
Young
Offenders Act 1993
effected by
Part 2
of this Act apply to a youth who is being sentenced as an adult after the
commencement day, whether the offence in respect of which the youth is being
sentenced occurred before or after the commencement day.