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Legislative Assembly for the ACT: 1997 Week 10 Hansard (25 September) . . Page.. 3466 ..

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Mr Speaker, as I have mentioned in the introduction to Members of the Children's Services (Amendment) Bill 1997, an amendment to the Crimes Act 1900 is also required. I am introducing this amendment on behalf of the Attorney General because of its relationship to the previous Bill.

Juvenile Offenders Whose Adult Sentence Brings Them Into Contact With Adult Offenders

Mr Speaker, in sentencing an adult offender, who still has a part of a juvenile sentence to serve, a court is presently precluded from taking the juvenile sentence into account. This can result in an adult sentence, which will bring the offender into contact with adult offenders, being imposed while a sentence imposed by the Children's Court remains to be completed.

For example, Mr Speaker, it is currently possible for a sentenced juvenile offender, who commits an offence as an adult, to be sentenced to a period of imprisonment or to complete periodic detention or a community service order, with other adult offenders.

When the adult sentence expires, the offender must be returned to a juvenile facility to complete the outstanding balance of a juvenile custodial order or an attendance centre order.

Mr Speaker, there are serious practical problems associated with the return to a juvenile program or institution of someone who has experienced confinement within an adult facility or exposure to adult offenders. The problems include an increased security risk, behavioural problems and adverse influence on younger detainees.

An amendment to the Crimes Act 1900 will enable Courts, when imposing a sentence on an adult, to take into account the unserved component of any juvenile sentence still applying to that person, and to discharge it.

I commend the Crimes (Amendment) Bill (No 5) 1997 to the Assembly.

ends.

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