Statutes Amendment (Youths Sentenced as Adults) Act 2017 (SA)

South Australia

Statutes Amendment (Youths Sentenced as Adults) Act 2017

An Act to amend the Young Offenders Act 1993; the Criminal Law (Sentencing) Act 1988; and the Sentencing Act 2017.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (Youths Sentenced as Adults) Act 2017.

2Commencement

1. (1)

   Subject to subsection (2), this Act will come into operation on the day on which it is assented to by the Governor.

2. (2)

   Part 4 of this Act will come into operation immediately after section 6 of the Sentencing Act 2017 comes into operation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Young Offenders Act 1993

4Amendment of section 3 – Objects and statutory policies

1. (1)

   Section 3(2a)(a) and (b)—delete paragraphs (a) and (b) and substitute:

   regard should be had to the deterrent effect any proposed sanction may have on the youth

2. (2)

   Section 3—after subsection (3) insert:

   1. (4)

      This section does not apply to a court imposing sanctions on a youth who is being dealt with as an adult, whether because the youth's conduct is part of a pattern of repeated illegal conduct or for some other reason, including, for example, the gravity of the illegal conduct (and the laws applying in relation to the sentencing of an adult apply to such a youth).

Part 3Amendment of Criminal Law (Sentencing) Act 1988

5Amendment of section 31A – Application of Division to youths

Section 31A(a1)—delete "(whether or not the youth is sentenced as an adult or is sentenced to detention to be served in a prison or is otherwise transferred to or ordered to serve a period of detention in a prison)" and substitute:

unless the youth is sentenced as an adult

Part 4Amendment of Sentencing Act 2017

6Amendment of section 46 – Application of Division to youths

Section 46(1)—delete "(whether or not the youth is sentenced as an adult, or is sentenced to detention to be served in a prison, or is otherwise transferred to or ordered to serve a period of detention in a prison)" and substitute:

unless the youth is sentenced as an adult

Schedule 1—Transitional provision

1—Transitional provision

An amendment effected by this Act applies to a youth who is being sentenced as an adult after the commencement of the amendment, whether the offence in respect of which the youth is being sentenced occurred before or after that commencement.