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Children

A person who had not yet turned 18 years on the day that he or she allegedly committed the offence is normally tried as a child. Children are not normally sentenced to adult prisons, but a child who has committed a serious offence may be ordered to be tried and sentenced in an adult court - that is, the District or Supreme Court. In this case a prison sentence may be imposed but the youth will serve that sentence in a training centre, see Young offenders [see Young Offenders Act 1993 ss 17 and 36]. The Chief Executive of the Department for Education can apply to the Youth Court for an order that the child be removed to a prison for the remainder of the sentence if the court is satisfied that the child is above the age of 16 and cannot be properly controlled in a training centre [see Young Offenders Act 1993 s 63].

Children  :  Last Revised: Thu Nov 1st 2012
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.