Youth Justice Act 1992

Subject to subsections (2) and (3), a court sentencing an offender as an adult under section 140, 141 or 143 has jurisdiction to sentence the offender in any way that an adult may be sentenced.

The court must have regard to—

the fact that the offender was a child when the child offence was committed; and

the sentence that might have been imposed on the offender if sentenced as a child.

The court can not order the offender—

to serve a term of imprisonment longer than the period of detention that the court could have imposed on the offender if sentenced as a child; or

to pay an amount by way of fine, restitution or compensation greater than that which the court could have ordered the offender to pay if sentenced as a child.

Subsection (3) applies even though an adult would otherwise be liable to a heavier penalty which by operation of law could not be reduced.