South Australian Current Acts South Australian Current Acts23—Limitation on power to impose custodial sentence
(1) Subject to
subsection (6), the Court cannot sentence a youth to imprisonment.
(2) If an offence of
which a youth is convicted, or found guilty, is punishable by imprisonment
where committed by an adult, the Court may sentence the youth to—
(a)
detention in a training centre for a period not exceeding three years; or
(b) home
detention for a period not exceeding 12 months, or for periods not exceeding
12 months in aggregate over 2 years or less; or
(c)
detention in a training centre for a period not exceeding 2 years to be
followed by home detention for a period not exceeding 12 months.
(3) If, however, the
maximum term of imprisonment prescribed for the offence is less than three
years, the period of detention to which the youth is sentenced cannot exceed
that maximum.
(4) A sentence of
detention must not be imposed for an offence unless—
(a) the
offender is a recidivist young offender or a serious firearm offender; or
(b) in
any other case—the Court is satisfied that a sentence of a non-custodial
nature would be inadequate—
(i)
because of the gravity or circumstances of the offence;
or
(ii)
because the offence is part of a pattern of repeated
offending.
(5) A sentence of home
detention—
(a) must
not be imposed unless the Court is satisfied that the residence the Court
proposes to specify in its order is suitable and available for the detention
of the youth and that the youth will be properly maintained and cared for
while detained in that place; and
(b)
should not be imposed if the Court is not satisfied that adequate resources
exist for the proper monitoring of the youth while on home detention by a
home detention officer.
(6) If the Court
sentences a youth to detention in respect of an offence and does not suspend
the sentence, the following provisions apply:
(a)
where the youth is already in custody in a prison, the youth will serve the
detention, or such part of it as the Court may direct, in a prison;
(b)
where the youth has previously served a sentence of imprisonment or detention
in a prison, the Court must, unless satisfied that there are exceptional
circumstances for not doing so, direct that the youth serve the detention in a
prison;
(c)
where the sentence of detention will extend past the youth's 21st birthday,
the Court must, unless satisfied that there are exceptional circumstances for
not doing so, direct that any period of the detention that is to be served by
the youth after he or she reaches 21 years of age is to be served in a prison
rather than in a training centre.
(7) The
Correctional Services Act 1982 applies to and in relation to a youth
serving detention in a prison under subsection (6).