Mr STONE (Chief Minister) - 1998-04-23
Mr STONE (Chief Minister): Madam Speaker, the member for Nhulunbuy invited me to expand on my earlier answer. I take this opportunity by way of a supplementary answer.
The member for Nhulunbuy would be aware that mandatory sentencing does not apply to people who have turned 15. Therefore, a juvenile could come before the courts on any number of occasions. That is the first point. The second point is that mandatory sentencing must relate to a property offence. A juvenile could have come before the courts on other unrelated matters and have received bonds or suspended sentences and the like. Those matters are not considered in the context of mandatory sentencing for property offences. I am sure the member will agree on that.
The member would also be aware of the spent convictions legislation which I think is generally 5 years for juveniles and 10 years for adults, if my memory serves me right. In that case, the person could have been before the courts before, but that would not show up. Therefore, it is possible for a juvenile to be before the courts ...
Mr Stirling: Spent convictions would not apply to a juvenile.
Mr STONE: If they had been there on an earlier occasion at a much younger age, it would certainly apply to them. I make the point that it is possible for a juvenile to have been before the courts on other matters and to have received bonds and suspended sentences. That is the reality. I thank the member for giving me the opportunity to expand further on that.
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The member for Nhulunbuy would be aware that mandatory sentencing does not apply to people who have turned 15. Therefore, a juvenile could come before the courts on any number of occasions. That is the first point. The second point is that mandatory sentencing must relate to a property offence. A juvenile could have come before the courts on other unrelated matters and have received bonds or suspended sentences and the like. Those matters are not considered in the context of mandatory sentencing for property offences. I am sure the member will agree on that.
The member would also be aware of the spent convictions legislation which I think is generally 5 years for juveniles and 10 years for adults, if my memory serves me right. In that case, the person could have been before the courts before, but that would not show up. Therefore, it is possible for a juvenile to be before the courts ...
Mr Stirling: Spent convictions would not apply to a juvenile.
Mr STONE: If they had been there on an earlier occasion at a much younger age, it would certainly apply to them. I make the point that it is possible for a juvenile to have been before the courts on other matters and to have received bonds and suspended sentences. That is the reality. I thank the member for giving me the opportunity to expand further on that.
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Last updated: 09 Aug 2016