Western Australian Current Acts

CHILDREN'S COURT OF WESTERN AUSTRALIA ACT 1988 - SECT 21

21 .         Limitations on exercise of certain jurisdiction

        (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; or

            (c)         exercise jurisdiction under the Criminal Law (Mental Impairment) Act 2023 .

        (4A)         If the question of whether the accused is unfit to stand trial is raised during criminal proceedings before the Court when constituted by JPs only, the Court must refer the question to the Court constituted by a judge or magistrate.

        (4B)         Subsection (4A) has effect subject to the Criminal Law (Mental Impairment) Act 2023 section 31.

        (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; No. 10 of 2023 s. 283.]