46Application and interpretation of certain sentence provisions

46 Application and interpretation of certain sentence provisions

(1)  If, in this or any other Act, a penalty including imprisonment is specified in respect of an offence against this or any other Act and a youth is found guilty of the offence, that reference to imprisonment is taken to be a reference to detention.

(2)  When determining a sentence, the Court –

(a) must disregard a requirement under any other Act that an amount of money or term of imprisonment must be the minimum penalty for the offence; and

(b) must regard a requirement under any other Act that an amount of money or term of imprisonment, or both, must be the only penalty for the offence as providing instead that the amount or term, or both, are the maximum penalties for the offence; and

(c) must comply with a requirement under any other Act that a loss of a licence or other penalty, other than an amount of money or term of imprisonment, must be imposed as a penalty for the offence.

(3)  A requirement under this or any other Act that an amount of money or term of imprisonment, or both, are the only penalties for an offence does not prevent the Court from making any order it considers appropriate under section 47(1) or (2) instead of, or in addition to, those penalties.