South Australian Consolidated Acts

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CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 3A

3A—Application of Act to youths

        (1)         Subject to any provision of this Act to the contrary, this Act applies in relation to the sentencing of a youth and the enforcement of a sentence against a youth.

        (2)         However, in the event of conflict between a provision of this Act and a provision of the Young Offenders Act 1993 or the Youth Court Act 1993 , the latter provision prevails to the extent of that conflict.

        (3)         In applying a provision of this Act to a youth who is being or has been dealt with as a youth (ie, not as an adult)—

            (a)         a reference to imprisonment is to be read as a reference to detention;

            (b)         a reference to a warrant of commitment is to be read as an order for detention;

            (c)         a reference to a prison is to be read as a reference to a training centre;

            (d)         a reference to the CEO is to be read as a reference to the chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Family and Community Services Act 1972 ;

            (e)         a reference to a community corrections officer is to be read as a reference to a person authorised (individually or by class) by the Minister for Family and Community Services to exercise the powers of a community corrections officer in relation to youths;

            (f)         a reference to a bond, or to entering into a bond, is to be read as a reference to an order under section 26 of the Young Offenders Act 1993 , or to becoming subject to such an order;

            (g)         a reference to a probationer is to be read as a reference to a youth the subject of such an order.



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