Western Australian Current Acts Western Australian Current Acts (1) In this section
—
detention has the meaning given to that term by
section 3 of the Young Offenders Act 1994 .
(2) The Court when
constituted by or so as to include a magistrate cannot —
(a)
sentence an offender to a term of detention longer than 12 months; or
(b)
sentence an offender who at the time of being sentenced is under 18 years of
age to a term of imprisonment longer than 3 months; or
(c)
sentence an offender who at the time of being sentenced has reached 18 years
of age to a term of imprisonment longer than 6 months,
for one offence, or as
the aggregate of the sentences imposed on the one occasion for more than one
offence.
[(3) deleted]
(4) When constituted
by JPs only, the Court may not —
(a)
sentence a child to detention or to be imprisoned; or
(b) make
an order declaring a child to be in need of care and protection.
(5) When the Court
constituted by or so as to include a magistrate finds a child guilty of an
offence and convicts the child but considers that it does not have sufficient
power to sentence or otherwise deal with the child adequately, it may refer
the child to be sentenced or otherwise dealt with for the offence by the Court
constituted by or so as to include a judge.
(6) When the Court
constituted by JPs only finds a child guilty of an offence and convicts the
child but considers that it does not have sufficient power to sentence or
otherwise deal with the child adequately, it may refer the child to be
sentenced or otherwise dealt with by the Court constituted by or so as to
include a judge or magistrate.
[Section 21 amended: No. 78 of 1995 s. 12; No. 59
of 2004 s. 73; No. 5 of 2008 s. 4.]