South Australian Consolidated Acts South Australian Consolidated Acts37—Release on licence of youths convicted of murder
(1) If a youth who has
been sentenced to imprisonment for life is being detained in a training
centre, the Supreme Court may, on the application of the youth, authorise the
release of the youth from detention on licence.
(1a) When determining
an application under subsection (1)—
(a) if
the application is made by a recidivist young offender—despite any other
provision of this Act, the paramount consideration of the Supreme Court
should be the safety of the community;
(b) if
the application is made by any other youth—the Supreme Court should
have regard to the balance to be achieved between—
(i)
the protection of the community; and
(ii)
the need to rehabilitate the youth;
(c) in
all cases—the Supreme Court should also take the following matters into
consideration:
(i)
any relevant remarks made by the court in passing
sentence;
(ii)
if, in relation to an offence for which a youth was
sentenced to imprisonment for life, there is a registered victim—the
impact that the release of the youth on licence is likely to have on the
registered victim and the registered victim's family;
(iii)
the behaviour of the youth while in detention;
(iv)
any reports provided to the Court as required by the
Court;
(v)
the probable circumstances of the youth after release
from detention;
(vi)
any other matters that the Court thinks are relevant.
(2) On the Supreme
Court authorising the release of a youth under subsection (1), the
Training Centre Review Board must order the release of the youth on licence on
the day specified by the Court.
(3) The release of a
youth on licence under this section will be subject to such conditions as the
Training Centre Review Board thinks fit and specifies in the licence.
(4) If the Supreme
Court refuses an application by a youth for release on licence, the youth may
not apply again for release for a period of six months, or such lesser or
greater period as the Court may have directed on refusing the application.
(5) The
Training Centre Review Board may, on application by the DPP or the youth, vary
or revoke any condition of a licence under this section.
(5a) If, in relation
to an offence for which a youth was sentenced to imprisonment for life, there
is a registered victim and the release of the youth on licence under this
section is subject to a condition that relates to the victim or the victim's
family, the Training Centre Review Board must notify the victim of the terms
of the condition.
(5b) However, the
Training Centre Review Board is not required to notify the registered victim
if—
(a) the
victim has indicated to the Board that he or she does not wish to be so
notified; or
(b) the
Board is satisfied that, in the circumstances of the case, it is not
appropriate to so notify the victim.
(5c) A decision of the
Training Centre Review Board to notify or not notify a victim of the terms of
any such condition is final and is not reviewable by a court.
(6) The
Training Centre Review Board may, on application by the DPP or the Minister,
cancel a release on licence under this section if satisfied that the youth has
contravened a condition of the licence.
(7) If an application
has been made for the cancellation of a youth's release on licence, a member
of the Training Centre Review Board may—
(a)
summons the youth to appear before the Board; or
(ab)
with the concurrence of a second member of the Board—issue a warrant for
the apprehension and detention of the youth pending determination of the
application; or
(b)
apply to the Youth Court for a warrant for the apprehension and detention of
the youth pending determination of the application.
(8) If a youth
summonsed to appear before the Training Centre Review Board fails to attend in
compliance with the summons, the Board may—
(a)
determine the application in the youth's absence; or
(ab)
issue a warrant for the apprehension and detention of the youth for the
purpose of bringing him or her before the Board; or
(b)
direct a member of the Board to apply to the Youth Court for a warrant for the
apprehension and detention of the youth for the purpose of bringing him or her
before the Board.
(9) A member of the
Training Centre Review Board may apply to the Youth Court for a warrant for
the apprehension and return to custody of a youth whose release on licence has
been cancelled by the Board.
(9a) The Youth Court
must, on application under this section, issue a warrant for the apprehension
and detention of a youth or for the apprehension and return to custody of a
youth, as the case may require, unless it is apparent, on the face of the
application, that no reasonable grounds exist for the issue of the warrant.
(10) If a youth who
has been released on licence commits an offence while subject to that licence
and is sentenced to imprisonment or detention for that offence, the release on
licence is, by virtue of this subsection, cancelled.
(11) If a youth who is
to be returned to custody on cancellation of his or her release on licence has
attained the age of 18 years, he or she will be returned to custody in such
prison as the Chief Executive of the Department for Correctional Services
directs.
(12) A youth released
on licence under this section will, unless the release is earlier cancelled,
remain subject to that licence until the Supreme Court, on the application of
the DPP or the youth, discharges the youth absolutely from the sentence of
life imprisonment.
(13) Both the DPP and
the youth are parties to any application under this section.
(14) A copy of an
application under this section must be served on a guardian of the youth
unless—
(a) it
is not practicable to do so; or
(b) the
whereabouts of all of the guardians of the youth have not, after reasonable
inquiry, been ascertained.
(15) For the purposes
of determining an application under this section, the Supreme Court—
(a) may
hear, or receive submissions from, any person it thinks fit; and
(b) may
direct the Training Centre Review Board or any other body or person to furnish
the Court with such reports as the Court may require.
(16) An appeal lies to
the Full Court against—
(a) a
decision of the Supreme Court on an application by a youth to be released on
licence under this section; or
(b) a
decision of the Supreme Court on an application by a youth to be discharged
from a sentence of life imprisonment.
(17) Subject to a
contrary order of the Full Court, an appeal cannot be commenced after 10 days
from the date of the decision against which the appeal lies.
(18) On an appeal, the
Full Court may—
(a)
confirm, reverse or annul the decision subject to appeal; and
(b) make
any order that it considers should have been made in the first instance; and
(c) make
any consequential or ancillary orders.
(19) Subject to
subsection (20), where—
(a) the
Supreme Court decides—
(i)
to release a youth on licence under this section; or
(ii)
to discharge a youth released on licence from a sentence
of life imprisonment; and
(b) the
DPP gives immediate notice that an appeal against the decision will be
commenced,
the decision has no force or effect until the outcome of the appeal is known.
(20) If the DPP gives
notice under subsection (19) of an appeal against a decision of the
Supreme Court but subsequently files with the Supreme Court a notice that the
DPP does not desire to proceed with the appeal, the decision will take effect.