Western Australian Consolidated Acts

YOUNG OFFENDERS ACT 1994

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used  
   4.      Young offenders reaching 18  
   5.      Criminal Procedure Act 2004 overridden  

   PART 2 -- Objectives and principles  

   6.      Objectives  
   7.      General principles of juvenile justice  
   8.      Responsible adults, role of  

   PART 3 -- Administration  

           Division 1 -- General  

   9.      Chief executive officer, functions of  
   10.     Chief executive officer may delegate  
   11.     Officers and employees, appointment of  
   11A.    Duties of all officers and employees  
   11B.    Powers and duties of custodial staff  
   11C.    Use of force  
   11D.    Use of restraints  
   11E.    Assistance by prison officers  
   11F.    Assistance by police officers  
   12.     Departmental and subsidised facilities, establishment of  
   13.     Detention centres, establishing  
   14.     Records of young offenders, duty to keep  
   15.     Records of young offenders, access to  
   15A.    Disclosure of personal information relating to young offenders  
   16.     Exchange of information  
   16A.    Disclosure authorised  
   17.     Confidentiality  

           Division 2 -- Arrangements with the council of an Aboriginal community  

   17A.    Terms used  
   17B.    Community supervision agreement  
   17C.    Appointment of monitor  
   17D.    Compensation for injury  

   PART 4 -- Young persons in custody before being dealt with for an offence  

   19.     Detention of young offenders apprehended by police  
   20.     Responsible adult to be notified  
   21.     Young person in custody awaiting trial  

   PART 5 -- Dealing with young offenders without taking court proceedings  

           Division 1 -- Cautioning  

   22A.    Purpose of this Division  
   22B.    Police officer to consider alternatives to court proceedings  
   22.     Cautions may be given except for Sch. 1 or 2 offences  
   23.     Cautioning to be preferred in certain cases  
   23A.    Caution certificate to be given  
   23B.    Police officer may retain a thing relating to an offence  

           Division 2 -- Referral to juvenile justice team  

   24.     Principles  
   25.     Only certain matters may be referred to teams  
   26.     Release of young person under arrest  
   27.     Referral to team by prosecutor  
   28.     Referral to team by court  
   29.     First offenders usually should be referred to a team  
   30.     Role of responsible adult  
   31.     Role of victim  
   32.     Powers of juvenile justice team  
   33.     Effect on liability to be dealt with by court  
   34.     Civil liability not affected  

           Division 3 -- Juvenile justice teams  

   35.     Terms used  
   36.     Juvenile Justice Team Coordinator, appointment of  
   37.     Establishing juvenile justice teams  
   37A.    No representation by a legal practitioner or an agent  
   38.     Decisions to be unanimous  
   39.     Records to be kept  
   40.     No report of proceedings to be published  

   PART 6 -- Court proceedings  

   41.     Preliminary considerations for police before prosecuting  
   42.     Notice to attend court usually preferable to summons  
   43.     Notices to attend court, general provisions about  
   44.     Proceedings to be explained to young persons  
   45.     Responsible adult may be required to attend court  

   PART 7 -- Sentencing and related matters  

           Division 1 -- General  

   46.     Principles and considerations to be applied to young offenders  
   46A.    Application of Sentencing Act 1995  
   47.     Court may request information  
   48.     Certain reports required  
   49.     Remand for observation  
   50.     Offender aged under 17 at time of sentence, options  
   50A.    Offender aged 17 or over but under 18 at time of sentence, options  
   50B.    Offender aged 18 or over at time of sentence, options  
   51.     Responsible adult to be present for certain orders  
   52.     Order requiring consent to be explained  
   54.     Body samples may be required to be provided  
   55.     Conviction, when to be recorded  
   56.     Compensation and restitution, orders for  
   57.     Costs may be ordered to be paid  
   58.     Responsible adult may be made liable for fine etc.  
   59.     Court orders to be provided in writing  
   60.     Orders etc. under this Part are sentences  
   62.     Workers’ compensation for compulsory work  
   63.     Terms used  
   64.     Enforcing payment by young person who has reached 18  
   65.     Enforcing payment by young person who has not reached 18  
   65A.    Court’s powers to deal with defaulter  
   65B.    Community work order  
   65C.    Detention order  

           Division 2 -- No punishment and no conditions  

   66.     Court may refrain from punishing in some cases  

           Division 3 -- No punishment but conditions  

   67.     Undertakings and informal punishment  
   68.     Adjournment  

           Division 4 -- No punishment but security or recognisance  

   69.     Recognisance by offender to be of good behaviour etc.  
   70.     Responsible adult may give security for offender’s good behaviour etc.  

           Division 5 -- Fine  

   71.     Fine instead of imprisonment  
   72.     Offender must be able to pay  

           Division 6 -- Youth community based order  

   73.     Youth community based order, nature of  
   74.     Offender must be suitable and consent  
   75.     Proposed agenda required for suitable person  
   76.     Duration of order  
   77.     Supervising officer  
   78.     Conditions implied in order  
   79.     Obligations under order may be suspended  
   80.     Amendment of order, extent of power  
   81.     Amendment of order  
   82.     Breach of order, CEO may require offender to attend court  
   83.     Breach of order, powers to deal with  
   84.     Breach of order by re-offending, new order may be made  
   85.     Discharge or fulfillment of order, effect of  
   86.     Proof of identity in proceedings for breach of order  
   87.     Notice of court applications  

              Subdivision 1 -- Attendance conditions  

   88.     Requirement to attend courses  

              Subdivision 2 -- Community work conditions  

   89.     Requirement to perform unpaid work  
   90.     Conditions cannot be imposed on child under 12  
   91.     Community work, minimum and maximum hours of  
   92.     Offender to attend before Departmental officer  
   93.     Performing the work  
   94.     Regulations relating to community work conditions  

              Subdivision 3 -- Supervision conditions  

   95.     Requirement to be supervised  
   96.     Duration of supervision  
   97.     Changing duration of supervision  

           Division 7 -- Intensive youth supervision order  

   98.     Intensive youth supervision order, nature of  
   99.     Order may be made with or without custodial sentence  
   100.    Order without custodial sentence  
   101.    Order with custodial sentence (conditional release order)  
   102.    Conditional release order to include agenda of conditions  
   103.    Offender must be suitable and consent  
   104.    Agenda proposal required for suitable person  
   105.    Conditional release order, duration of  
   106.    Conditional release order may relate to several sentences  
   107.    Conditional release not to exceed 12 months  
   108.    Supervising officer  
   109.    Conditional release order, implied conditions of  
   109A.   Conditional release order: specified places  
   109B.   Conditional release order: devices  
   110.    Obligations under order may be suspended  
   111.    Amendment of order, extent of power  
   112.    Amendment or cancellation of order  
   113.    Breach of order, CEO may require offender to attend court  
   114.    Breach of order, powers to deal with  
   115.    Conditional release order, effect of expiry of  
   116.    Cancellation of conditional release order, effect of  
   117.    Notice of court applications  

           Division 8 -- Custodial sentence  

   118.    Offences punishable by imprisonment, options  
   118A.   Where sentence of imprisonment to be served  
   119.    Taking time on remand into account  
   119A.   Effect of not being in custody  
   120.    Custodial sentence is sentence of last resort  
   121.    Minimum period before release from detention  
   122.    Aggregation of multiple sentences of detention  
   123.    Cumulative sentences of detention, service of  

           Division 9 -- Dealing with young person who repeatedly commits serious offences  

   124.    When this Division applies  
   125.    Protection of the community paramount  
   126.    Special order, making of  
   127.    Special order, time of operation  
   128.    Special order, effect of  
   129.    Special order, application to discharge  
   130.    Special order, effect of expiry of  

   PART 8 -- Supervised release orders  

           Division 1 -- Definitions  

   131.    Terms used  

           Division 2 -- The order  

   132.    Supervised release order, Board may make  
   133.    Supervised release order, when can be made  
   134.    Duration of order  
   135.    Order may relate to more than one sentence  
   136.    Conditions implied in order  
   136A.   Express conditions: specified places  
   136B.   Express conditions: devices  
   137.    Effect of proposed order to be explained to offender  
   138.    Order to be provided in writing  
   139.    Supervising officer  
   140.    Obligations under order may be suspended  
   141.    Amendment of order, extent of power  
   142.    Amendment or cancellation of order  
   143.    Cancellation of certain obligations after 6 months’ release  
   144.    Breach of order other than by re-offending, report to CEO  
   145.    Courts to notify Board and CEO of re-offending  
   146.    Report to be provided when referring matter to Board  
   147.    Breach of order, how Board may deal with  
   147A.   Offending while on supervised release order -- automatic cancellation  
   148.    Compliance with order, effect of  
   149.    Suspension or cancellation of order, effect of  
   150.    Cancellation of order after offender reaches  

           Division 3 -- The Supervised Release Review Board  

   151.    Board established  
   152.    Board members  
   153.    Term of office  
   154.    Alternate members  
   155.    Remuneration and allowances  
   156.    Meetings  
   157.    Quorum  
   158.    Presiding at meetings  
   159.    Board may request reports  
   160.    Determination of questions  
   161.    Procedure  
   162.    Board may reconsider its decision  
   163.    Rules of natural justice excluded  
   164.    Judicial notice of Board’s documents  
   165.    Annual report  

   PART 9 -- Detention centres  

   166.    Appointment of visiting justices  
   168.    Visiting justices, functions of  
   169.    Right of certain persons to enter detention centre  
   169A.   Investigation of an alleged incident at a detention centre  
   170.    Detention offences  
   171.    Detention offence charge, procedure on  
   172.    Visiting justice may deal with referred charges  
   173.    Detention offences, dealing with  
   174.    Detention offence charges, hearing of  
   175.    Visiting justice may direct prosecution for detention offence  
   176.    Early discharge from detention  
   178.    Transfer of offender from detention centre to prison  
   179.    Medical treatment, removal for  
   180.    Death of detainee, coroner to investigate  
   181.    Rules for detention centres, CEO may make  

   PART 10 -- Miscellaneous  

   182.    Protection from legal liability  
   183.    Order to be a defence to actions  
   184.    CEO may give consent in relation to detainee  
   185.    Minister may make certain payments  
   186.    Officer of Department may conduct cases  
   187.    Certificate of superintendent to be evidence  
   188.    Person having charge of detainee has legal custody  
   189.    Certain offenders to be regarded as not convicted  
   190.    Disclosure of certain convictions  
   191.    Unlawfully communicating with detainee  
   192.    Unlawfully remaining in detention centre  
   193.    Escape from custody  
   193A.   Arrest warrant may be issued if warrant of commitment in force  
   194.    Personating an officer  
   195.    General penalty  
   196.    Regulations  
   197.    Delegation of prescribed functions  

   PART 11 -- Amendment of certain other Acts and transitional provisions  

           Division 3 -- Transitional provisions  

   231.    Interpretation Act 1984 applies  
   232.    Orders for past matters  
   233.    Orders under former provisions  
   234.    Detention centres under Child Welfare Act 1947  
   235.    Proceedings pending before children’s panels  

           Division 4 -- Miscellaneous  

   237.    Review of Act  
           SCHEDULE 1  
           SCHEDULE 2  
           SCHEDULE 3 -- Adaptations for community work in default of payment  
           Compilation table