Comments on first juvenile sentencing under new Act

The community will not tolerate repeated breaches of the law by a tiny minority of hard-core offenders, Justice Minister David Smith said today.

Commenting on the first sentencing of a juvenile under the Serious and Repeat Offenders Act, Justice Minister David Smith said the minimum 18 months' sentence also provided a greater chance for rehabilitation programs to have a better impact on the young offender.

"The Act, enacted by a special sitting of Parliament in February, was always intended to be a last resort for dealing with juveniles who, for various reasons, have been unable to break a cycle of serious repeated offences," Mr Smith said.

"By being sentenced under the Act, this young offender must serve a minimum 18 months' detention before the Supreme Court may order his release.

"At the end of this period, release by the Supreme Court will not be automatic.  In considering whether the juvenile should be released, the Supreme Court may consult or take advice from any person it wishes."

Mr Smith said an application to release the juvenile must be made within three months of the end of the minimum 18 months.

If the initial application for release was unsuccessful, further requests must be made at six-monthly intervals.  In granting an order to release the young offender, the Supreme Court could impose conditions.

"The legislation was always intended for the hardest of the hard-core juvenile offenders - a tiny minority of young people who are responsible for a large proportion of serious offences," Mr Smith said.

"It is last resort legislation to maximise the protection of the public.

"Detaining this juvenile for a minimum of 18 months will enable longer-term rehabilitation programs to be prepared specifically for him, and give him a better chance of breaking his offending pattern."