Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 38

    (1)     In this section:

"young offender order" means an order under the Children and Young People Act 1999 , section 96 (1) (g), (h), (i), (j), (k) or (l).

Note     The relevant orders are a probation order, a community service order, an attendance centre order and certain residential and detention-related orders.

    (2)     This section applies in relation to an adult offender if, at the time of sentencing—

        (a)     the offender is subject to a young offender order; and

        (b)     the court is imposing a sentence that would be likely to bring the offender into contact with other adult offenders.

Examples of sentences

1     a sentence of imprisonment, including imprisonment to be served by periodic detention

2     a good behaviour order requiring the offender to perform community service work

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     The court—

        (a)     must, in deciding the term of the sentence, consider any remaining period during which the young offender order would remain in force if not discharged under paragraph (b); and

        (b)     may, if appropriate, discharge the young offender order.