Youth Justice Act 1992

This section applies if a court is sentencing a child for an offence against any of the following provisions of the Criminal Code—

section 61(1), if the circumstance stated in paragraph (a) of the penalty for section 61(1) applies;

section 69;

section 75;

section 210, if the circumstance stated in section 210(3) or (4A) applies;

section 216;

sections 302 and 305;

sections 303 and 310;

section 306;

section 307;

section 309;

section 311;

section 313(2);

section 314A;

section 315;

section 315A;

section 316;

section 317;

section 319;

section 320;

section 320A;

section 322, if the circumstance stated in paragraph (a) of the penalty for the section applies;

section 323;

section 328A;

section 328C;

section 328D;

section 339, if the circumstance stated in section 339(2) or (3) applies;

section 340;

section 349;

section 350;

section 351;

section 352, if the circumstance stated in section 352(2) or (3) applies;

section 354;

section 354A;

section 355;

section 359E;

section 398, if item 12 or 15 applies;

section 408A;

sections 409 and 411;

section 412;

section 419;

section 421;

section 427;

section 461;

section 462.

Also, this section applies if a court is sentencing a child for an offence against the Drugs Misuse Act 1986, section 5.

Also, this section applies if a court is sentencing a child for an offence against any of the following provisions of the Weapons Act 1990—

section 56A;

section 67A.

Also, this section applies if a court is sentencing a child—

for an offence against the Criminal Code, section 535 of attempting to commit an offence mentioned in subsection (1), (1A) or (1B); or

for an offence against the Criminal Code, section 541 or 542 of conspiring with another person to commit an offence mentioned in subsection (1), (1A) or (1B); or

for an offence against the Criminal Code, section 544 of becoming an accessory after the fact to an offence mentioned in subsection (1), (1A) or (1B).

The court may—

order that the child be placed on probation for a period not longer than 3 years; or

order that the child be detained for a period not more than—

if the court is not constituted by a judge—3 years; or

if the court is constituted by a judge—the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve.

Section 155 does not apply to the court.

A requirement under the Criminal Code that a term of imprisonment must be the penalty, or a part of the penalty, for the offence is taken to be a requirement that a period of detention must be the penalty, or a part of the penalty, for the offence.

A requirement under the Criminal Code that a minimum term of imprisonment must be served for the offence is taken to be a requirement that a minimum period of detention must be served for the offence.

The court may make a detention order—

with or without a conditional release order under section 220; and

if section 234 applies—with or without an order under that section.

If the court is sentencing the child to detention for life on a conviction of murder—

the Criminal Code, section 305(2), (3) and (4) applies; and

for that purpose, a reference in the Criminal Code, section 305 to imprisonment is taken to be a reference to detention.

Section 175(1)(da) and (db) does not apply to the court.

If the offence is a prescribed offence under the Penalties and Sentences Act 1992, section 108A, then part 5, division 2, subdivision 2 of that Act applies—

as if a reference in that subdivision to a community service order were a reference to a community service order under this Act; and

as if a reference in that subdivision to a graffiti removal order were a reference to a graffiti removal order under this Act; and

as if a reference in that subdivision to the period mentioned in section 103(2)(b) of that Act were a reference to the period within which the number of hours stated in the community service order must be performed under this Act; and

as if a reference in that subdivision to serving a term of imprisonment in a corrective services facility were a reference to serving a period of detention.

Section 195(a) does not apply to the making of a community service order under subsection (9) but subsection (9) applies subject to section 195(b) and (c).

This section—

applies despite anything else in this Act; and

subject to subsection (8), does not limit a court’s power to make an order under section 175.

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.