(1) This section
applies to and in respect of a young person found guilty of an offence who at
the time of being sentenced is 18 years old or older (the offender ).
(2) Subject to the
Sentencing Act 1995 the court dealing with the offender must dispose of the
matter by sentencing the offender under that Act, and that Act and the
Sentence Administration Act 2003 apply to and in respect of the sentence
imposed.
(3) In sentencing the
offender under the Sentencing Act 1995 , the court must make a spent
conviction order under that Act if, under section 55 of this Act, it would be
required to not record a conviction were it disposing of the matter under this
Act.
(4) If the court
dealing with the offender is the Children’s Court, subsection (2) is
subject to section 21 of the Children’s Court of Western Australia Act
1988 .
(5) Despite subsection
(2), section 46 applies to the court dealing with an offender.
[Section 50B inserted: No. 78 of 1995 s. 142;
amended: No. 50 of 2003 s. 29(3).]