Western Australian Consolidated Acts

YOUNG OFFENDERS ACT 1994 - SECT 50A

50A .         Offender aged 17 or over but under 18 at time of sentence, options

        (1)         This section applies to and in respect of a young person found guilty of an offence who at the time of being sentenced is at least 17 years old but under 18 years old ( the offender ).

        (2)         The court dealing with the offender — 

            (a)         may dispose of the matter in one of the ways provided for in this Part; or

            (b)         may impose a community order under the Sentencing Act 1995 on the offender, but only if under Part 5 of that Act it would be lawful to impose a community order in respect of the offence were the offender not a young person.

        (3)         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 .

        (4)         The court must not impose a community order under the Sentencing Act 1995 on the offender unless under that Act the court has received a pre-sentence report under that Act about the offender.

        (5)         If the court imposes a community order on the offender under the Sentencing Act 1995 it is not prevented from making any order under this Division.

        (6)         If the court imposes a community order on the offender under the Sentencing Act 1995 , that Act and the Sentence Administration Act 2003 apply to and in respect of the order imposed.

        [Section 50A inserted by No. 78 of 1995 s. 142; amended by No. 50 of 2003 s. 29(3).]