Young People
There are two definitions that are important to consider when discussing sentencing of young people. The Children, Youth and Families Act 2005 defines a ‘child’ as “a person who at the time of the alleged commission of the offence was under the age of 18 years but of or above the age of 10 years but does not include any person who is of or above the age of 19 years when a proceeding for the offence is commenced in the Court”.
The Sentencing Act 1991 defines a ‘young offender’ as “an offender who at the time of being sentenced is under the age of 21 years”.
In summary this means that young people convicted of an offence who are:
- between 10 and 18, will usually be sentenced under the Children, Youth and Families Act 2005.
- between 19 and 21, will usually be sentenced under the Sentencing Act 1991.
A wide range of sentencing options are available for young people who commit state or federal offences. If a young person is found guilty of an offence, a judge or magistrate will decide the most appropriate sentence from these options.
Section 414 of the Children, Youth and Families Act 2005 also allows for sentencing of children to be deferred in the Children’s Court for a period of up to four months. A deferral is usually made to allow the child to take steps to address the issues that led to their offending behaviour. The Children’s Court will sentence the young person at the end of the deferral period taking into account any progress the young person may have made during that time.