Sentencing Of Juveniles (Miscellaneous Provisions) Act (NT)

NORTHERN TERRITORY OF AUSTRALIA

Sentencing of Juveniles (Miscellaneous Provisions) ACT

As in force at 22 October 2001

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary1 — Short title2 — Commencement3 — InterpretationPart 2 — Amendments of Juvenile Justice Act, Sentencing Act and other acts to raise upper age of juveniles from 17 to 18 years of age4 — Amendments of Juvenile Justice Act5 — Amendment of 6 — Amendments of other ActsPart 3 — Provisions that apply generally to persons who have committed offences when 17 years of age7 — Offence committed when 17 years of age – offender awaiting sentence8 — Offence committed when 17 years of age – offender already sentenced9 — Proceedings not to be rendered invalidENDNOTES northern territory of australia

northern territory of australia

This reprint shows the Act as in force at 22 October 2001.  Any amendments that commence after that date are not included.

Sentencing of Juveniles (Miscellaneous Provisions) act

An Act to ensure that persons who are 17 years of age or over but under 18 years of age are treated as juveniles under the criminal law of the Territory and for related purposes

Part 1Preliminary 1Short title

This Act maybe cited as the Sentencing of Juveniles (Miscellaneous Provisions) Act.

2Commencement

This Act comes into operation on 1 June 2000.

3Interpretation

• (1)

  In this Act, unless the contrary intention appears, Juvenile Court has the same meaning as Court has in the Juvenile Justice Act.

• (2)

  Unless the contrary intention appears, if a word or expression that is used in this Act is defined for the purposes of the Juvenile Justice Act or Sentencing Act, the word or expression has the same meaning in this Act as it has in the Juvenile Justice Act or Sentencing Act.

Part 2Amendments of Juvenile Justice Act, Sentencing Act and other acts to raise upper age of juveniles from 17 to 18 years of age 4Amendments of Juvenile Justice Act

The Juvenile Justice Act is amended:

• (a)

  by omitting from the definition of "juvenile" in section 3(1) "17 years" (twice occurring) and substituting "18 years";

• (b)

  by omitting from section 53(6) "17 years" (twice occurring) and substituting "18 years";

• (c)

  by omitting from section 53(8) "17 years" and substituting "18 years";

• (d)

  by omitting from section 53AG(2) "17 years" (twice occurring) and substituting "18 years";

• (e)

  by omitting from section 53AG(5) "17 years" and substituting "18 years";

• (f)

  by omitting from section 58B(3) "17 years" (twice occurring) and substituting "18 years";

• (g)

  by omitting from section 58ZI(4) "17 years" (twice occurring) and substituting "18 years"; and

• (h)

  by omitting from section 58ZI(6) "17 years" and substituting "18 years".

5Amendment of

Section 78A of the Sentencing Act is amended by omitting from subsection (9) "17 years" (twice occurring) and substituting "18 years".

6Amendments of other Acts

• (1)

  Section 4 of the Bail Act is amended by omitting "17 years" and substituting "18 years".

• (2)

  Section 29A of the Law Reform (Miscellaneous Provisions) Act is amended by omitting from subsection (1) "17 years" and substituting "18 years".

• (3)

  The Misuse of Drugs Act is amended:

  • (a)

    by omitting from the definitions of "adult" and "child" in section 3(1) "17 years" and substituting "18 years"; and

  • (b)

    by omitting from section 21 "17 years" and substituting "18 years".

• (4)

  Section 21 of the Prisons (Correctional Services) Act is amended by omitting from subsections (1) and (3) "17 years" and substituting "18 years".

Part 3Provisions that apply generally to persons who have committed offences when 17 years of age 7Offence committed when 17 years of age – offender awaiting sentence

• (1)

  On the commencement of this Act, if:

  • (a)

    a court (other than the Juvenile Court) has found an offender guilty of an offence committed when the offender was 17 years of age; and

  • (b)

    the court has not sentenced the offender in respect of the offence,

  the offender must be sentenced by the Juvenile Court.

• (2)

  On the commencement of this Act, if a person has been charged with an offence committed when the person was 17 years of age and the offence is to be dealt with by a court (other than the Juvenile Court) the court must refer the matter to the Juvenile Court to be dealt with by the Juvenile Court.

• (3)

  The Juvenile Court has jurisdiction in respect of a matter that is required to be dealt by it in accordance with subsection (1) of (2) and the JuvenileJustice Act applies in relation to the matter as if the proceedings in respect of the matter had been brought under that Act.

8Offence committed when 17 years of age – offender already sentenced

If, before the commencement of this Act, a court (other than the Juvenile Court) had sentenced an offender in respect of an offence committed when the offender was 17 years of age, the offender is to be treated as if he or she is an adult in respect of any proceedings relating to the offence despite that the offender may bot be 18 years of age.

9Proceedings not to be rendered invalid

• (1)

  If proceedings are to be dealt with by the Juvenile Court as required by this Act, the proceedings are to be dealt with as proceedings before the Juvenile Court despite that before the commencement of this Act the proceedings or any part of those proceedings did not comply with the Juvenile Justice Act or that a requirement of that Act had not been compiled with.

• (2)

  For the purposes of this Act, it is expressly declared that no proceedings to be dealt with by the Juvenile Court as required by this Act can be declared invalid by reason that before the commencement of this Act those proceedings did not comply with the Juvenile Justice Act or that a requirement of that Act had not been complied with.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Sentencing of Juveniles (Miscellaneous Provisions) Act2000 (Act No. 17, 2000)
Assent date	30 May 2000
Commenced	1 June 2000 (s 2)
Juvenile Justice (Consequential Amendments) Act 2001 (Act No. 54, 2001)
Assent date	19 October 2001
Commenced	22 October 2001 (s 2)

• 3

  LIST OF AMENDMENTS

pt 4 hdg             rep No. 54, 2001, s 3

ss 10 – 12         rep No. 54, 2001, s 3