46General duty of Children’s Court relating to release of offenders

46 General duty of Children’s Court relating to release of offenders

46 General duty of Children’s Court relating to release of offenders

(1) The Children’s Court must not make a parole order directing the release of a juvenile offender unless it is satisfied that it is in the interests of the safety of the community.

(2) In considering whether it is in the interests of the safety of the community to release a juvenile offender, the Children’s Court must have regard to the following principal matters relating to the promotion of community safety, while recognising that the rehabilitation and re-integration of the offender into the community may be highly relevant to the promotion of community safety—

(a) the risk to the safety of members of the community of releasing the offender on parole,

(b) whether the release of the offender on parole is likely to address the risk of the offender re-offending,

(c) the risk to community safety of releasing the offender at the end of the sentence without a period of supervised parole or at a later date with a shorter period of supervised parole.

(3) In considering whether it is in the interests of the safety of the community to release a juvenile offender, the Children’s Court must also have regard to the following matters—

(a) the nature and circumstances of the offence to which the offender’s sentence relates,

(b) any relevant comments made by the sentencing court,

(c) the offender’s criminal history,

(d) the likely effect on any victim of the offender, and on any such victim’s family, of the offender being released on parole,

(e) if applicable, whether the offender has failed to disclose the location of the remains of a victim,

(f) any report in relation to the granting of parole that has been prepared by or on behalf of the Department,

(g) any other report in relation to the granting of parole to the offender that has been prepared by or on behalf of any authority of the State,

(h) any other matters that the Children’s Court considers to be relevant.

(4) Without limiting subsection (3) (e) or (h), if the juvenile offender has provided post-sentence assistance, the Children’s Court may have regard to the following—