161ACourt may impose certain sentences under Sentencing Act 1997

161A Court may impose certain sentences under Sentencing Act 1997

[Section 161A Inserted by No. 27 of 2013, s. 49, Applied:01 Mar 2014]

(1)  The Court, in sentencing for an offence a youth who is 18 years old or more, may exercise the powers of a court of petty sessions under the Sentencing Act 1997 in addition to, or instead of, any other power it may exercise under this Act.

(2)  In determining the sentence to impose in accordance with subsection (1) on a youth for an offence, the Court must take into account the age of the youth when he or she committed the offence.

(3)  The Court must specify in an order made in accordance with subsection (1) that the order is made in accordance with this section.

(4)  A failure to comply with subsection (3) does not affect the validity of the order.

(5)  If an order specifies that it is made in accordance with this section, the responsible Department in relation to the Sentencing Act 1997 is to be responsible for all or any matters relating to the administration of the order.

(6)  Proceedings in respect of the contravention of an order made in accordance with subsection (1) , or the conditions to which such an order is subject, are to be brought in the Court.

(7)  In proceedings referred to in subsection (6) , the Court may –

(a) exercise all the powers of a court of petty sessions under the Sentencing Act 1997 in relation to a contravention of an order, or of the conditions of an order, made under that Act; or

(b) revoke the contravened order and impose any sentence under this Act that it could have made if it had not made the contravened order.

(8)  This section applies despite section 103 .