Part 3 – Sentences; Division 2 — Custodial orders - Subdivision (4) - Youth justice centre orders and youth residential centre orders Flashcards
Young offenders
= under 21 at the time of being sentenced (s 3)
32 Youth justice centre or youth residential centre order
(1) Subject to some things set out below, if a sentence involving confinement of a young offender is justified, a court may make a YJC or YRC order if it has received a PSR and —
● (a) Believes there are reasonable prospects for rehabilitation of the YO; or
● (b) Believes the YO is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison
(2) In determining whether to make one of these orders, Court must have regard to:
● (a) the Nature of the offence
● (b) Age, character and past history of the offender
Restrictions on making the orders:
● (2A) Can’t make YJC order for YO under 15 at time of being sentenced
● (2B) Can’t make YRC order for YO 15 or more at the time of being sentenced
● (2C) If a young offender is being sentenced for a Cat A serious youth offence, court must not make YJC or YRC order unless satisfied exceptional circumstances exist.
● (2D) If YO is to be sentenced for (a) Cat B serious youth offence and (b) YO has previously been convicted of another offence that is a Cat A/Cat B serious youth offence, cannot make order unless satisfied that exceptional circs exist.
● (3) Max detention period imposable for YJC or YRC order is:
○ (a) 2 years, if court is the MC
○ (b) 4 years, if court is the CCV or the SCV
● (4) Limits apply no matter how many offences YO convicted of in same proceeding
● (5) If (a) a sentence of detention is imposed on a YO already undergoing such a sentence, (b) the subsequent sentence is cumulative on prior sentence and (c) aggregate period of unexpired portion of prior sentence and subsequent sentence exceeds the jurisdictional limit above, the subsequent sentence must be taken to be a sentence that the young offender be detained after the completion of the prior sentence for the period then remaining until that maximum period is reached.
s32A Aggregate sentence of detention
● (1) Applies if YO convicted of 2+ offences which (a) are founded on the same facts or (b) form, or are part of, a series of offences of the same or similar character.
● (2) Court may impose an aggregate sentence of detention in respect of those offences in place of a separate sentence in respect of all or any 2 or more of them
● (3) Must not exceed TES that could have been imposed in accordance with this Act if the Court had imposed a separate sentence of detention in respect of each of them
● (4) Must announce in open court before doing so in language likely to be readily understood by the offender, (a) the decision to impose an agg sentence and the reasons for doing so and (b) the effect of the proposed agg sentence.
● (5) If court imposes an aggregate detention sentence, the Court is:
○ (a) not required to identify separate events giving rise to specific charges; and
○ (b) Is not required to announce (i) the sentences that would have been individually imposed otherwise and (ii) whether they would have been imposed concurrently or cumulatively.
○ (6) To avoid doubt, can be imposed for rolled up and representative charges
○ (7) Nothing here affects requirements of 6AAA (sentence discount for PG)
33 Sentences to be concurrent unless otherwise directed
(1) Subject to below, presumption of concurrency except for detention imposed in default of payment of a fine or sum of money.
(1A) But must be served cumulatively if (a) one of the offences involves escape from remand or YJ or YR Centre or (b) an offence involving property damage to same,
unless the court orders otherwise and states its reasons for the decision.
(2) Every term of detention imposed on a YO by a court in default of payment of a fine or sum of money must, unless directed otherwise by the Court:
● (a) Be served cumulatively on any uncompleted sentence or sentences of detention or imprisonment imposed on the young offender in default of payment of a fine or sum of money; but
● (b) Concurrently with any other uncompleted sentence or sentences of detention or imprisonment imposed on the young offender.
Whether sentence imposed before or at same time.
(3) Sentence of detention imposed on a YO which is to be served concurrently with a sentence of imprisonment must be served as imprisonment in prison until the young offender has served the sentence of imprisonment.
(4) This section has effect despite anything to the contrary in any Act.
34 Commencement of sentences
(1) Subject to ss 33 and 35, sentence of detention commences —
● (a) If YO immediately detained in custody under sentence, on the day it is imposed
● (b) If YO is serving a sentence of imprisonment which is cumulative on the sentence of detention, on the day that sentence of imprisonment is completed
● (c) In any other case, on the day the YO is apprehended under a warrant to detain in a YJC or YRC issued in respect of the sentence
● (2) If YO allowed at large at any stage during sentence, that period doesn’t count for purpose of calculating sentence and service of sentence suspended during it
● (3) If YO fails to return after authorised absence or escapes, that period also does not count for sentence calculation
● (4) Despite anything to the contrary, sentence of detention must be calculated exclusive of any time during which service of it is suspended under (2) or (3).
● (5) If a YO to whom (3) applies is during the suspended period detained or imprisoned under another sentence, the unexpired portion of the suspended sentence takes effect— (a) if it is to be served cumulatively on the sentence or sentences they are then undergoing—on the day that sentence is, or those sentences are, completed (b) in any other case—at end of period of suspension.
(6) If a YO sentenced to term of detention and allowed to be or to go at large pending an appeal or consideration of any QoL reserved or case stated is detained or imprisoned under another sentence at time when appeal, QoL or case stated is finally determined, first-mentioned sentence or unexpired portion of it takes effect—
(a) if it is to be served cumulatively on the sentence or sentences he or she is then undergoing—on the day that sentence is, or those sentences are, completed; or
● (b) in any other case—on the day on which the appeal, question of law or case stated is finally determined.
● (7) Sub (6) applies unless sentencing or determining court otherwise directs
S35 Time held in custody before trial etc. to be deducted from sentence
● Literally just like s 18
