YOUNG OFFENDERS ACT 1994 - SECT 50A

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: No. 78 of 1995 s. 142; amended: No. 50 of 2003 s. 29(3).]