Northern Territory Numbered Acts
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YOUTH JUSTICE ACT 2005 (NO 32 OF 2005)
TABLE OF PROVISIONS
PART 1--PRELIMINARY MATTERS
Division 1 -- General matters
1. Short title
2. Commencement
3. Objects
4. Principles
Division 2 -- Interpretation matters
5. Interpretation
6. Meaning of youth
7. Intimate procedures
8. Non-intimate procedures
9. Illicit drug or substance
Division 3 -- Probation officers and surveillance officers
10. Probation officers
11. Surveillance officers
PART 2--APPREHENSION AND REMAND
Division 1 -- General matters
12. Application of Part
13. Definitions
14. Register of appropriate support persons
Division 2 -- Police powers and obligations
15. Explanations by police officers
16. Guidelines in relation to arrest of youths
17. Authorised officer to be notified
18. Interview of youth
19. Search of youth
20. Search must be by person of same gender
21. Authorised officer must consent to prosecution
22. Charge to be by summons except in certain cases
23. Responsible adults to be informed
24. Detention of youth not admitted to bail
25. Detained youth requiring medical attention
26. Separation from adults where practicable
27. Arrested youth to be brought before Court promptly
Division 3 -- Forensic procedures
28. Interpretation
29. Restriction on carrying out procedure
30. Intimate procedure
31. Non-intimate procedure
32. Voluntary non-intimate procedure
33. Identifying procedure
34. Youth to be provided with copy of report
Division 4 -- Support persons and authorised officers
35. Support person
36. Authorised officers
PART 3--DIVERSION OF YOUTH
37. Purpose and application of Part
38. Definitions
39. Diversion of youth
40. Youth and responsible adult must consent to diversion
41. Effect of diverting youth
42. Extension of limitation period
43. Reporting on diversion of youth
44. No review or appeal
PART 4--YOUTH JUSTICE COURT
45. Continuation and constitution
46. Exercise of jurisdiction
47. Registrar of Youth Justice Court
48. Where Youth Justice Court may be held
49. Proceedings to be in open court
50. Restriction of publication of proceedings
51. Youth in need of care
PART 5--COURT PROCEEDINGS
Division 1-- Jurisdiction and proceedings generally
52. Jurisdiction of Youth Justice Court
53. Application of Justices Act
54. Indictable offences to be tried summarily except in certain cases
55. Youth may consent to indictable offence being tried summarily
56. Youth may elect to be tried summarily
57. Referral to Supreme Court for sentencing
58. Pleas in summary hearing
59. Exclusion of evidence unlawfully obtained
60. Points of law may be reserved for consideration of Supreme Court
61. Court must explain proceedings to youth
62. Legal representation of youth
63. Responsible adults to attend court
64. Court may refer youth to diversion
65. Court may remand youth
Division 2 -- Reports and submissions
66. Enquiry and examination authorised
67. Report as to mental condition of youth
68. Court may seek submissions or reports
69. Court must require pre-sentence report
70. Content of pre-sentence report
71. Report in certain circumstances
72. Court may adjourn for report to be prepared
73. Reports to be made available
74. Challenge to contents of report
75. Protection in relation to report
Division 3 -- Victim impact statements and victim reports
76. Definitions
77. Court must consider victim impact statement or victim report
78. Victim impact statements
79. Victim reports
80. Other matters may be addressed
PART 6--DISPOSITION BY COURT
Division 1 -- General principles
81. Principles and considerations to be applied to youth offenders
82. Powers of Supreme Court in sentencing
Division 2 -- Sentencing options
83. Orders Court may make
84. Court may order pre-sentencing conference
85. Non-parole period
86. Fixing non-parole period otherwise than at time of sentencing
87. Fixing new non-parole period in respect of multiple sentences
88. Court may disqualify youth from holding driving licence
89. Restitution
Division 3 -- Approved programs
90. Matters relating to approved programs
Division 4 -- Good behaviour orders
91. Making good behaviour order
Division 5 -- Fines
92. Imposition of fine
Division 6 -- Community work orders
93. Application and purpose of community work orders
94. Making community work order
95. Duties of youth in carrying out community work order
96. Breach of community work order
97. Committee may approve projects
Division 7 -- Suspended sentences
98. Making order to suspend sentence
Division 8 -- Alternative detention orders
99. Application
100. Making alternative detention order
101. Circumstances in which alternative detention order may be made
102. Conditions of order
103. Procedural matters
104. If more than one alternative detention order made
105. Tests for alcohol or illicit drugs
106. Breath test
107. Breath analysis
108. Blood or urine sample
109. Other evidence
110. Breach of alternative detention order
Division 9 -- Periodic detention orders
111. Application
112. Making periodic detention order
113. Order must specify number of detention periods
114. Conditions of order
115. Procedural matters
116. Order remains in force until served or cancelled
117. Warrant of commitment covers all periods
118. Youth in lawful custody
119. Director can vary times
120. Detainee unfit for detention
Division 10 -- Breach of order and re-offending during adjournment
121. Breach
122. Youth offends during adjournment
Division 11 -- Miscellaneous matters
123. Explanation of orders
124. Arrest without warrant if condition breached
125. Aggregate sentences of detention or imprisonment
126. Detention or imprisonment to be concurrent unless otherwise ordered
127. Cumulative orders of detention or imprisonment
128. Taking other offences into account
129. Sentence of detention or imprisonment may be backdated
130. Order of service of sentences of detention or imprisonment
131. Further sentence when detainee on parole
132. Application of Parole of Prisoners Act
133. Parents liable for costs of detention
134. Forfeiture of bail or recognizance
135. Registrar may disclose name of youth
136. Certain findings of guilt not to be mentioned
137. Procedure where youth before another court
138. Procedure where adult before Youth Justice Court
139. Court has jurisdiction
140. Referred proceedings valid
PART 7--RECONSIDERATION AND REVIEW OF SENTENCES AND APPEALS
141. Reconsideration of sentence
142. Review of sentencing orders
143. Court may re-open proceeding to correct sentencing errors
144. Appeal to Supreme Court
145. Appeal operates as stay
146. Single Judge may refer appeal to Full Court
147. Powers of Supreme Court on appeal
PART 8--YOUTH DETENTION CENTRES
Division 1 -- Detention centres
148. Approval of youth detention centres
149. Admission to detention centre
150. Explanation of rights and responsibilities
Division 2 -- Superintendent
151. Superintendent of detention centre
152. Powers of superintendent
153. Discipline
154. Temporary removal of detainee to prison
155. Restraint devices may be used to escort certain detainees
156. Detainee's right to be heard
157. Delegation by superintendent
158. Register
Division 3 -- Detainees
159. Sample by buccal swab
160. Detainee may be tested for alcohol or illicit drug
161. Strip searches
162. At risk detainees
163. Complaint
Division 4 -- Miscellaneous matters
164. Detainee who becomes an adult
165. Superintendent may permit absence from centre
166. Early release by superintendent
167. Arrest of escaped detainee
168. Inspection of detention centre
PART 9--OFFICIAL VISITORS
169. Appointment of official visitors
170. Functions of official visitors
171. Frequency of visits
172. Official visitors not to interfere
PART 10--MEDICAL TREATMENT FOR DETAINEES
173. Access to medical practitioner
174. Direction of medical practitioner
175. Taking of medical sample
176. Detainee may be required to be examined or treated
177. Director can give consent
178. Removal to hospital
179. Custody of detainee in hospital
180. Notification of illness or death
PART 11--INTERSTATE TRANSFER OF DETAINEESAND
181. Interpretation
182. Application of Part
183. Ministers may agree
184. Transfer from Territory
185. Transfer from State to Territory
186. Reports
187. Escort for transfer
188. Information to be sent to corresponding Minister
189. Sentence transferred
190. Order revoked if transferee escapes
191. Territory transferee subject to supervision
192. Youth subject to supervision in State
PART 12--OFFENCES
193. Escaping from detention centre
194. Escape of interstate detainee
195. Aiding or abetting escapee
196. Loitering
197. Contraband
198. Communication
199. Offence to remove youth
200. Obstructing or hindering detention centre staff and other officers
201. Personation
PART 13--YOUTH JUSTICE ADVISORY COMMITTEE
202. Definition
203. Establishment
204. Functions
205. Powers
206. Members
207. Chairperson
208. Term of office
209. Vacation of office
210. Termination of appointment
211. Meetings
212. Quorum
213. Annual report
PART 14--MISCELLANEOUS MATTERS
214. Confidentiality
215. Immunity
216. Delegation by Minister or Director
217. Regulations
PART 15--REPEALS AND TRANSITIONAL MATTERS FORYOUTH JUSTICE ACT
218. Definition
219. Repeal of Acts
220. Saving of approvals and appointments
221. Orders of Juvenile Court
222. Proceedings not completed
223. Offences committed before commencement of this Act
SCHEDULE
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