Mr STIRLING - 1998-04-23
I quote from page 35 of the daily Hansard for 22 April 1998, when he said:
It would be possible for a juvenile to have appeared before the courts up to 6 times before the first conviction was
recorded. It is on the second conviction that the juvenile is incarcerated.
He also told the House that a juvenile offender could receive suspended sentences, enter into good behaviour bonds or could simply be cautioned. The act reads that mandatory sentencing is triggered on the basis of a finding of guilt - not conviction. A juvenile offender is mandatorily jailed on the second finding of guilt. There is no chance, on our reading of the act, for up to 6 findings of guilt before a juvenile is jailed. Will the Attorney-General please explain his comments yesterday regarding the act?
ANSWER
Madam Speaker, I am happy to explain. The point I was trying to make was that it is possible for juveniles to come to the notice of police and for them to be cautioned and dealt with in a series of ways.
Mr Stirling: It is not up to the courts though, is it?
Page 199
Mr STONE: You asked the question. Let me finish the answer. I am attempting to dispel this notion that a juvenile, on the very first occasion that he or she comes to the court - it has been said, and I believe it has been said by the member for Nhulunbuy, that juveniles are treated in the same way as adults. I hope I am not misquoting or misreporting him, but certainly an impression has been created in the wider community that a juvenile is treated as an adult. That is simply not the case.
The member is quite correct that, on a finding of guilt on a second occasion, that juvenile will face mandatory sentencing. The point I was endeavouring to make, and perhaps I did not put it as well as I might, but I am pleased to have the opportunity to ...
Mr Stirling: You misled the House.
Mr STONE: I am making the point now ...
Mr Stirling: Six times before the courts!
Madam SPEAKER: Order! Member for Nhulunbuy, allow the Chief Minister to continue his explanation.
Mr STONE: I am grateful that the member has asked me about this during Question Time because Territorians listening to this broadcast will be left in no doubt about this. Juveniles are not treated in the same way as adults. They are given a second chance. In fact, they could be cautioned up to 10 times by police, in the scheme of things, or by those who are involved. They can be warned and leniency can be extended to them in a number of ways. It is only on the second finding of guilt that they face the prospect of a mandatory sentence.
Page 200
It would be possible for a juvenile to have appeared before the courts up to 6 times before the first conviction was
recorded. It is on the second conviction that the juvenile is incarcerated.
He also told the House that a juvenile offender could receive suspended sentences, enter into good behaviour bonds or could simply be cautioned. The act reads that mandatory sentencing is triggered on the basis of a finding of guilt - not conviction. A juvenile offender is mandatorily jailed on the second finding of guilt. There is no chance, on our reading of the act, for up to 6 findings of guilt before a juvenile is jailed. Will the Attorney-General please explain his comments yesterday regarding the act?
ANSWER
Madam Speaker, I am happy to explain. The point I was trying to make was that it is possible for juveniles to come to the notice of police and for them to be cautioned and dealt with in a series of ways.
Mr Stirling: It is not up to the courts though, is it?
Page 199
Mr STONE: You asked the question. Let me finish the answer. I am attempting to dispel this notion that a juvenile, on the very first occasion that he or she comes to the court - it has been said, and I believe it has been said by the member for Nhulunbuy, that juveniles are treated in the same way as adults. I hope I am not misquoting or misreporting him, but certainly an impression has been created in the wider community that a juvenile is treated as an adult. That is simply not the case.
The member is quite correct that, on a finding of guilt on a second occasion, that juvenile will face mandatory sentencing. The point I was endeavouring to make, and perhaps I did not put it as well as I might, but I am pleased to have the opportunity to ...
Mr Stirling: You misled the House.
Mr STONE: I am making the point now ...
Mr Stirling: Six times before the courts!
Madam SPEAKER: Order! Member for Nhulunbuy, allow the Chief Minister to continue his explanation.
Mr STONE: I am grateful that the member has asked me about this during Question Time because Territorians listening to this broadcast will be left in no doubt about this. Juveniles are not treated in the same way as adults. They are given a second chance. In fact, they could be cautioned up to 10 times by police, in the scheme of things, or by those who are involved. They can be warned and leniency can be extended to them in a number of ways. It is only on the second finding of guilt that they face the prospect of a mandatory sentence.
Page 200
Last updated: 09 Aug 2016