Young Offenders Act 1993 (SA)

South Australia Young Offenders Act 1993 An Act to reconstitute the juvenile justice system in this State; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects and statutory policies 4 Interpretation 4A Designation as officers of Department for certain purposes 5 Age of criminal responsibility 5A Victims Register Part 2—Minor offences Division 1—General powers 6 Informal cautions 7 More formal proceedings Division 2—Sanctions that may be imposed by police officer 8 Powers of police officer Division 3—Family conference 9 Youth Justice Co-ordinators 10 Convening of family conference 11 Family conference, how constituted 12 Powers of family conference Division 4—Limitation on publicity 13 Limitation on publicity Part 3—Arrest and custody of suspected offenders 14 Application of general law 15 How youth is to be dealt with if not granted bail Part 4—Court proceedings against a youth Division A1—Interpretation 15A Interpretation Division 1—The charge 16 Where charge is to be laid 17 Proceedings on charge laid before Youth Court 17A Proceedings on charge laid before Magistrates Court Division 2—Procedure on committal proceedings and trial in Youth Court 18 Procedure on trial of offences 19 Committal for trial 19A Proceedings for child sexual offences 20 Change of plea 21 Recording of convictions Division 3—Sentence 22 Power to sentence 23 Limitation on power to impose custodial sentence 24 Limitation on power to impose fine 25 Limitation on power to require community service 26 Limitation on Court's power to require bond 27 Court may require undertaking from guardians 28 Power to disqualify from holding driver's licence Division 4—Sentencing of youth by Supreme or District Court 29 Sentencing of youth by Supreme or District Court Division 5—Miscellaneous 30 Court to explain proceedings etc 31 Prohibition of joint charges 32 Reports 33 Reports to be made available to parties 34 Attendance at court of guardian of youth charged with offence 35 Counsellors etc may make submissions to court Part 5—Custodial sentences Division 1—Youth sentenced as adult 36 Detention of youth sentenced as adult Division 1A—Detention or imprisonment in a prison 36A Transfer following imposition of concurrent prison sentence Division 2A—Home detention 37A Conditions of home detention 37B Home detention officers 37C Variation or revocation of home detention order 37D General provisions Division 3—Release from detention Subdivision 1—Training Centre Review Board 38 Establishment of Training Centre Review Board 39 Reviews etc and proceedings of Training Centre Review Board 40 Reports by Training Centre Review Board Subdivision 2—Leave of absence 40A Leave may be authorised by Board Subdivision 3—Conditional release and home detention 41 Application and interpretation of Subdivision 41A Conditional release from detention 41B Release on condition of home detention 41BA Suspension of conditional release if youth is or becomes a terror suspect 41C What happens if youth fails to observe condition of release Subdivision 4—Absolute release from detention by Court 42 Absolute release from detention by Court Division 3A—Directions relating to firearms etc 42A Training Centre Review Board may direct youth to surrender firearm etc Division 4—Terror suspects 43 Special procedures for terror suspects Division 5—Escape from custody 48 Escape from custody Part 6—Community service and other work related orders 49 Community service and work orders cannot be imposed unless there is a placement for the youth Part 8—Miscellaneous 57 Determination of a person's age 58 Prior offences 59 Detention and search by officers of Department 59A Power of arrest by officers of the Department 60 Hindering an officer of the Department 61 Issue of warrant 62 Detention of youths in emergencies 63 Transfer of youths in detention to other training centre or prison 63A Effect of remand in prison 63B Application of Correctional Services Act 1982 to youth with non-parole period 63C Restrictions on reports of proceedings 64 Information about youth may be given in certain circumstances 65 Regulations Legislative history