sec.150ASerious repeat offenders

### sec.150A Serious repeat offenders This section applies if a court is sentencing a child for a prescribed indictable offence. The court may, on application by the prosecution, declare the child to be a serious repeat offender if— at least 1 detention order has previously been made against the child in relation to a prescribed indictable offence; and the court has— ordered the chief executive to prepare a pre-sentence report; and received and considered the report; and the court has had regard to— the child’s criminal history and bail history; and any efforts of rehabilitation by the child, including rehabilitation carried out under a court order; and any other matter the court considers relevant; and the court is satisfied that there is a high probability that the child would commit a further prescribed indictable offence. If the court makes a declaration that the child is a serious repeat offender, the court in sentencing the child must have primary regard to— the need to protect members of the community; and the nature and extent of violence, if any, used in the commission of the offence; and the extent of any disregard by the child in the commission of the offence for the interests of public safety; and the impact of the offence on public safety; and the child’s criminal history and bail history; and the matter to which the court must have primary regard under section 150 (2) . If the court makes a declaration that the child is a serious repeat offender, the court must state in its sentencing remarks for the child reasons for making the declaration. For the purposes of the Criminal Code , chapter 67 , a declaration made under this section is taken to be a sentence imposed on conviction. For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . Under the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement. s 150A ins 2023 No. 3 s 21 amd 2024 No. 54 ss 16 , 51 (6) exp 22 March 2028 (see s 150A(6)) (sec.150A-ssec.1) This section applies if a court is sentencing a child for a prescribed indictable offence. (sec.150A-ssec.2) The court may, on application by the prosecution, declare the child to be a serious repeat offender if— at least 1 detention order has previously been made against the child in relation to a prescribed indictable offence; and the court has— ordered the chief executive to prepare a pre-sentence report; and received and considered the report; and the court has had regard to— the child’s criminal history and bail history; and any efforts of rehabilitation by the child, including rehabilitation carried out under a court order; and any other matter the court considers relevant; and the court is satisfied that there is a high probability that the child would commit a further prescribed indictable offence. (sec.150A-ssec.3) If the court makes a declaration that the child is a serious repeat offender, the court in sentencing the child must have primary regard to— the need to protect members of the community; and the nature and extent of violence, if any, used in the commission of the offence; and the extent of any disregard by the child in the commission of the offence for the interests of public safety; and the impact of the offence on public safety; and the child’s criminal history and bail history; and the matter to which the court must have primary regard under section 150 (2) . (sec.150A-ssec.4) If the court makes a declaration that the child is a serious repeat offender, the court must state in its sentencing remarks for the child reasons for making the declaration. (sec.150A-ssec.5) For the purposes of the Criminal Code , chapter 67 , a declaration made under this section is taken to be a sentence imposed on conviction. (sec.150A-ssec.6) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . Under the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement. - (a) at least 1 detention order has previously been made against the child in relation to a prescribed indictable offence; and - (b) the court has— (i) ordered the chief executive to prepare a pre-sentence report; and (ii) received and considered the report; and - (i) ordered the chief executive to prepare a pre-sentence report; and - (ii) received and considered the report; and - (c) the court has had regard to— (i) the child’s criminal history and bail history; and (ii) any efforts of rehabilitation by the child, including rehabilitation carried out under a court order; and (iii) any other matter the court considers relevant; and - (i) the child’s criminal history and bail history; and - (ii) any efforts of rehabilitation by the child, including rehabilitation carried out under a court order; and - (iii) any other matter the court considers relevant; and - (d) the court is satisfied that there is a high probability that the child would commit a further prescribed indictable offence. - (i) ordered the chief executive to prepare a pre-sentence report; and - (ii) received and considered the report; and - (i) the child’s criminal history and bail history; and - (ii) any efforts of rehabilitation by the child, including rehabilitation carried out under a court order; and - (iii) any other matter the court considers relevant; and - (a) the need to protect members of the community; and - (b) the nature and extent of violence, if any, used in the commission of the offence; and - (c) the extent of any disregard by the child in the commission of the offence for the interests of public safety; and - (d) the impact of the offence on public safety; and - (e) the child’s criminal history and bail history; and - (f) the matter to which the court must have primary regard under section 150 (2) . - (a) despite being incompatible with human rights; and - (b) despite anything else in the Human Rights Act 2019 .