Offender aged 18 or over at time of sentence, options
50B Offender aged 18 or over at time of sentence, options
This section applies to and in respect of a young person found guilty of an offence who at the time of being sentenced is 18 years old or older (the offender).
Subject to the Sentencing Act 1995 the court dealing with the offender must dispose of the matter by sentencing the offender under that Act, and that Act and the Sentence Administration Act 2003 apply to and in respect of the sentence imposed.
In sentencing the offender under the Sentencing Act 1995, the court must make a spent conviction order under that Act if, under section 55 of this Act, it would be required to not record a conviction were it disposing of the matter under this Act.
If the court dealing with the offender is the Children’s Court, subsection (2) is subject to section 21 of the Children’s Court of Western Australia Act 1988.
Despite subsection (2), section 46 applies to the court dealing with an offender.
[Section 50B inserted: No. 78 of 1995 s. 142; amended: No. 50 of 2003 s. 29(3).]
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