sec.140When offender must be treated as an adult

### sec.140 When offender must be treated as an adult If 1 year has passed after an offender has become an adult— a proceeding afterwards started against the offender for a child offence must be taken as if the offender were an adult at the time of the commission of the child offence; and if found guilty in the proceeding—the offender must be sentenced as an adult. If— a proceeding has started against an offender for a child offence in the way provided in this Act for a child; but the proceeding has not been completed to a finding of guilty or not guilty by the time 1 year has passed after the offender becomes an adult; then— the proceeding must be finished in the way provided in this Act for a child; but if found guilty—the offender must be sentenced as an adult. If, after a finding of guilt in a proceeding started against an offender as a child— the court has been unable to sentence the offender because the offender has— escaped from detention; or failed, without reasonable excuse, to appear as required under the conditions of bail; or failed, without reasonable excuse, to return to the detention centre at the end of a period of leave granted under section 269 ; and 1 year has passed after the offender has become an adult; the offender must be sentenced as an adult. An offender must not be treated as an adult under this section if the court is satisfied that there was undue delay on the part of the prosecution in starting or completing the proceeding. s 140 prev s 140 om 2002 No. 39 s 72 pres s 140 amd 1996 No. 22 s 32 ; 2002 No. 39 s 43 (sec.140-ssec.1) If 1 year has passed after an offender has become an adult— a proceeding afterwards started against the offender for a child offence must be taken as if the offender were an adult at the time of the commission of the child offence; and if found guilty in the proceeding—the offender must be sentenced as an adult. (sec.140-ssec.2) If— a proceeding has started against an offender for a child offence in the way provided in this Act for a child; but the proceeding has not been completed to a finding of guilty or not guilty by the time 1 year has passed after the offender becomes an adult; then— the proceeding must be finished in the way provided in this Act for a child; but if found guilty—the offender must be sentenced as an adult. (sec.140-ssec.3) If, after a finding of guilt in a proceeding started against an offender as a child— the court has been unable to sentence the offender because the offender has— escaped from detention; or failed, without reasonable excuse, to appear as required under the conditions of bail; or failed, without reasonable excuse, to return to the detention centre at the end of a period of leave granted under section 269 ; and 1 year has passed after the offender has become an adult; the offender must be sentenced as an adult. (sec.140-ssec.4) An offender must not be treated as an adult under this section if the court is satisfied that there was undue delay on the part of the prosecution in starting or completing the proceeding. - (a) a proceeding afterwards started against the offender for a child offence must be taken as if the offender were an adult at the time of the commission of the child offence; and - (b) if found guilty in the proceeding—the offender must be sentenced as an adult. - (a) a proceeding has started against an offender for a child offence in the way provided in this Act for a child; but - (b) the proceeding has not been completed to a finding of guilty or not guilty by the time 1 year has passed after the offender becomes an adult; then— - (c) the proceeding must be finished in the way provided in this Act for a child; but - (d) if found guilty—the offender must be sentenced as an adult. - (a) the court has been unable to sentence the offender because the offender has— (i) escaped from detention; or (ii) failed, without reasonable excuse, to appear as required under the conditions of bail; or (iii) failed, without reasonable excuse, to return to the detention centre at the end of a period of leave granted under section 269 ; and - (i) escaped from detention; or - (ii) failed, without reasonable excuse, to appear as required under the conditions of bail; or - (iii) failed, without reasonable excuse, to return to the detention centre at the end of a period of leave granted under section 269 ; and - (b) 1 year has passed after the offender has become an adult; - (i) escaped from detention; or - (ii) failed, without reasonable excuse, to appear as required under the conditions of bail; or - (iii) failed, without reasonable excuse, to return to the detention centre at the end of a period of leave granted under section 269 ; and