Northern Territory Consolidated Acts

YOUTH JUSTICE ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary matters
           Division 1 General matters
   1.      Short title
   2.      Commencement
   3.      Objects
   4.      Principles
           Division 2 Interpretation matters
   5.      Interpretation
   6.      Meaning of youth
   7.      Intimate procedures
   8.      Non-intimate procedures
   9.      Illicit drug or substance
           Division 3 Probation officers and surveillance officers
   10.     Probation officers
   11.     Surveillance officers
           Part 2 Apprehension and remand
           Division 1 General matters
   12.     Application of Part 13. Definitions
   14.     Register of appropriate support persons
           Division 2 Police powers and obligations
   15.     Explanations by police officers
   16.     Guidelines in relation to arrest of youths
   17.     Authorised officer to be notified
   18.     Interview of youth
   19.     Search of youth
   20.     Search must be by person of same gender
   21.     Authorised officer must consent to prosecution
   22.     Charge to be by summons except in certain cases
   23.     Responsible adults to be informed
   24.     Detention of youth not admitted to bail
   25.     Detained youth requiring medical attention
   26.     Separation from adults where practicable
   27.     Arrested youth to be brought before Court promptly
           Division 3 Forensic procedures
   28.     Interpretation
   29.     Restriction on carrying out procedure
   30.     Intimate procedure
   31.     Non-intimate procedure
   32.     Voluntary non-intimate procedure
   33.     Identifying procedure
   34.     Youth to be provided with copy of report
           Division 4 Support persons and authorised officers
   35.     Support person
   36.     Authorised officers
           Part 3 Diversion of youth
   37.     Purpose and application of Part 38. Definitions
   39.     Diversion of youth
   40.     Youth and responsible adult must consent to diversion
   41.     Effect of diverting youth
   42.     Extension of limitation period
   43.     Reporting on diversion of youth
   44.     No review or appeal
           Part 4 Youth Justice Court
   45.     Continuation and constitution
   46.     Exercise of jurisdiction
   47.     Registrar of Youth Justice Court
   48.     Where Youth Justice Court may be held
   49.     Proceedings to be in open court
   50.     Restriction of publication of proceedings
   51.     Youth in need of protection
           Part 5 Court proceedings
           Division 1 Jurisdiction and proceedings generally
   52.     Jurisdiction of Youth Justice Court
   53.     Application of
   54.     Indictable offences to be tried summarily except in certain cases
   55.     Youth may consent to indictable offence being tried summarily
   56.     Youth may elect to be tried summarily
   57.     Referral to Supreme Court for sentencing
   58.     Pleas in summary hearing
   59.     Exclusion of evidence unlawfully obtained
   60.     Points of law may be reserved for consideration of Supreme Court
   61.     Court must explain proceedings to youth
   62.     Legal representation of youth
   63.     Responsible adults to attend court
   64.     Court may refer youth to diversion
   65.     Court may remand youth
           Division 2 Reports and submissions
   66.     Enquiry and examination authorised
   67.     Report as to mental condition of youth
   68.     Court may seek submissions or reports
   69.     Court must require pre-sentence report
   70.     Content of pre-sentence report
   71.     Report in certain circumstances
   72.     Court may adjourn for report to be prepared
   73.     Reports to be made available
   74.     Challenge to contents of report
   75.     Protection in relation to report
           Division 3 Victim impact statements and victim reports
   76.     Definitions
   77.     Court must consider victim impact statement or victim report
   78.     Victim impact statements
   79.     Victim reports
   80.     Other matters may be addressed
           Part 6 Disposition by Court
           Division 1 General principles
   81.     Principles and considerations to be applied to youth offenders
   82.     Powers of Supreme Court in sentencing
           Division 2 Sentencing options
   83.     Orders Court may make
   84.     Court may order pre-sentencing conference
   85.     Non-parole period
   86.     Fixing non-parole period otherwise than at time of sentencing
   87.     Fixing new non-parole period in respect of multiple sentences
   88.     Court may disqualify youth from holding driving licence
   89.     Restitution
           Division 3 Approved programs
   90.     Matters relating to approved programs
           Division 4 Good behaviour orders
   91.     Making good behaviour order
           Division 5 Fines
   92.     Imposition of fine
           Division 6 Community work orders
   93.     Application and purpose of community work orders
   94.     Making community work order
   95.     Duties of youth in carrying out community work order
   96.     Breach of community work order
   97.     Committee may approve projects
           Division 7 Suspended sentences
   98.     Making order to suspend sentence
   98A.    Procedural matters
           Division 8 Alternative detention orders
   99.     Application
   100.    Making alternative detention order
   101.    Circumstances in which alternative detention order may be made
   102.    Conditions of order
   103.    Procedural matters
   104.    If more than one alternative detention order made
   105.    Tests for alcohol or illicit drugs
   106.    Breath test
   107.    Breath analysis
   108.    Blood or urine sample
   109.    Other evidence
   110.    Breach of alternative detention order
           Division 9 Periodic detention orders
   111.    Application
   112.    Making periodic detention order
   113.    Order must specify number of detention periods
   114.    Conditions of order
   115.    Procedural matters
   116.    Order remains in force until served or cancelled
   117.    Warrant of commitment covers all periods
   118.    Youth in lawful custody
   119.    Director can vary times
   120.    Detainee unfit for detention
           Division 10 Breach of order and re-offending during adjournment
   121.    Breach
   122.    Youth offends during adjournment
           Division 11 Miscellaneous matters
   123.    Explanation of orders
   124.    Arrest without warrant if condition breached
   125.    Aggregate sentences of detention or imprisonment
   126.    Detention or imprisonment to be concurrent unless otherwise ordered
   127.    Cumulative orders of detention or imprisonment
   128.    Taking other offences into account
   129.    Sentence of detention or imprisonment may be backdated
   130.    Order of service of sentences of detention or imprisonment
   131.    Further sentence when detainee on parole
   132.    Application of
   133.    Parents liable for costs of detention
   134.    Forfeiture of bail or recognizance
   135.    Registrar may disclose name of youth
   136.    Certain findings of guilt not to be mentioned
   137.    Procedure where youth before another court
   138.    Procedure where adult before Youth Justice Court
   139.    Court has jurisdiction
   140.    Referred proceedings valid
           Part 6A Responsible care and supervision within the family
           Division 1 Preliminary
   140A.   Definitions
   140B.   Guiding principles
   140C.   How Agency acts for the purposes of this Part
           Division 2 Family responsibility agreements
   140D.   Power to enter into family responsibility agreement
   140E.   Family responsibility agreement
   140F.   Family responsibility agreement not to give rise to enforceable obligations
           Division 3 Family responsibility orders
   140G.   Inquiries into family circumstances
   140H.   General provisions about inquiry
   140J.   Family responsibility orders
   140K.   Variation or revocation of family responsibility order
   140L.   Explanation of orders
   140M.   Non-compliance with family responsibility order
           Division 4 Miscellaneous
   140N.   Enforcement of fine
   140P.   Prohibition on publication of certain information
   140Q.   Geographical limitation of jurisdiction
   140R.   Review of this Part
           Part 7 Reconsideration and review of sentences and appeals
   141.    Reconsideration of sentence
   142.    Review of sentencing orders
   143.    Court may re-open proceeding to correct sentencing errors
   144.    Appeal to Supreme Court
   145.    Appeal operates as stay
   146.    Single Judge may refer appeal to Full Court
   147.    Powers of Supreme Court on appeal
           Part 8 Youth detention centres
           Division 1 Detention centres
   148.    Approval of youth detention centres
   149.    Admission to detention centre
   150.    Explanation of rights and responsibilities
           Division 2 Superintendent
   151.    Superintendent of detention centre
   152.    Powers of superintendent
   153.    Discipline
   154.    Temporary removal of detainee to prison
   155.    Restraint devices may be used to escort certain detainees
   156.    Detainee's right to be heard
   157.    Delegation by superintendent
   158.    Register
           Division 3 Detainees
   159.    Sample by buccal swab
   160.    Detainee may be tested for alcohol or illicit drug
   161.    Strip searches
   162.    At risk detainees
   163.    Complaint
           Division 4 Miscellaneous matters
   164.    Detainee who becomes an adult
   165.    Superintendent may permit absence from centre
   166.    Early release by superintendent
   167.    Arrest of escaped detainee
   168.    Inspection of detention centre
           Part 9 Official visitors
   169.    Appointment of official visitors
   170.    Functions of official visitors
   171.    Frequency of visits
   172.    Official visitors not to interfere
           Part 10 Medical treatment for detainees
   173.    Access to medical practitioner
   174.    Direction of medical practitioner
   175.    Taking of medical sample
   176.    Detainee may be required to be examined or treated
   177.    Director can give consent
   178.    Removal to hospital
   179.    Custody of detainee in hospital
   180.    Notification of illness or death
           Part 11 Interstate transfer of detainees and youths under supervision
   181.    Definitions
   182.    Application of Part 183. Ministers may agree
   184.    Transfer from Territory
   185.    Transfer from State to Territory
   186.    Reports
   187.    Escort for transfer
   188.    Information to be sent to corresponding Minister
   189.    Sentence transferred
   190.    Order revoked if transferee escapes
   191.    Territory transferee subject to supervision
   192.    Youth subject to supervision in State
           Part 12 Offences
   193.    Escaping from detention centre
   194.    Escape of interstate detainee
   195.    Aiding or abetting escapee
   196.    Loitering
   197.    Contraband
   198.    Communication
   199.    Offence to remove youth
   200.    Obstructing or hindering detention centre staff and other officers
   201.    Personation
           Part 13 Youth Justice Advisory Committee
   202.    Definition
   203.    Establishment
   204.    Functions
   205.    Powers
   206.    Members
   207.    Chairperson
   208.    Term of office
   209.    Vacation of office
   210.    Termination of appointment
   211.    Meetings
   212.    Quorum
   213.    Annual report
           Part 14 Miscellaneous matters
   214.    Confidentiality
   215.    Immunity
   216.    Delegation by Minister or Director
   217.    Regulations
           Part 15 Repeals and transitional matters for Youth Justice Act 2005
   218.    Definition
   219.    Repeal of Acts
   220.    Saving of approvals and appointments
   221.    Orders of Juvenile Court
   222.    Proceedings not completed
   223.    Offences committed before commencement of this Act
           Schedule Repealed Acts
           ENDNOTES