Youth Justice Act 1992

This section applies if a court is sentencing a child for a prescribed indictable offence.

The court may, on application by the prosecution, declare the child to be a serious repeat offender if—

at least 1 detention order has previously been made against the child in relation to a prescribed indictable offence; and

the court has—

ordered the chief executive to prepare a pre-sentence report; and

received and considered the report; and

the court has had regard to—

the child’s criminal history and bail history; and

any efforts of rehabilitation by the child, including rehabilitation carried out under a court order; and

any other matter the court considers relevant; and

the court is satisfied that there is a high probability that the child would commit a further prescribed indictable offence.

If the court makes a declaration that the child is a serious repeat offender, the court in sentencing the child must have primary regard to—

the need to protect members of the community; and

the nature and extent of violence, if any, used in the commission of the offence; and

the extent of any disregard by the child in the commission of the offence for the interests of public safety; and

the impact of the offence on public safety; and

the child’s criminal history and bail history; and

the matter to which the court must have primary regard under section 150(2).

If the court makes a declaration that the child is a serious repeat offender, the court must state in its sentencing remarks for the child reasons for making the declaration.

For the purposes of the Criminal Code, chapter 67, a declaration made under this section is taken to be a sentence imposed on conviction.

For the purposes of the Human Rights Act 2019, section 43(1), it is declared that this section has effect—

despite being incompatible with human rights; and

despite anything else in the Human Rights Act 2019.