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Relevant legislation and regulations

There are a number of instruments of legislation governing practice, procedure, and sentencing principles when dealing with young offenders. The provisions in the Criminal Procedure Act 1921 (SA), the Bail Act 1985 (SA) and the Sentencing Act 2017 (SA) remain relevant in relation to practice, procedure, bail applications and the sentencing of young offenders. However, there are other legislative sources which modify these Acts and empower the Youth Court to impose particular penalties or orders.

The Youth Court Act 1993 (SA), the Young Offenders Act 1993 (SA) and Chapter 8 of the Uniform Special Statutory Rules 2022 (SA) outline powers, practice and procedure particular to the Youth Court and penalties which are unique to young offenders.

The Youth Justice Administration Act 2016 (SA) administers the youth detention system and the treatment of young offenders within training centres.

Part 7A of the Controlled Substances Act 1984 (SA) contains provisions for the Youth Court to make orders for the assessment and treatment of children for drug dependency (see also Chapter 8 Part 5 of the Uniform Special Statutory Rules 2022 (SA)).

Relevant regulations are the Young Offenders Regulations 2023 (SA) and the Youth Justice Administration Regulations 2016 (SA), and the Youth Court (Fees) Notice (SA) issued from time to time.

The Youth Court also has civil jurisdiction in relation to the care and protection of children under the Children and Young People (Safety) Act 2017 (SA) see The civil jurisdiction of the Youth Court.

Relevant legislation and regulations  :  Last Revised: Mon Aug 22nd 2022