Practice Direction 1 of 1999 - Terminology for Orders made under Part 7, Division 7 of the Young Offenders Act 1994
The terminology used by some Judicial Officers when imposing a sentence under Part 7, Division 7 of the Young Offenders Act 1994 has been causing some confusion for staff in the courts and in offender management to which type of order has actually been made.
To alleviate this confusion, the following terminology is to be adopted in the Children's Court:
- Where an Intensive Youth Supervision Order is made without Detention, the order is to be referred to as an "Intensive Youth Supervision Order" or "IYSO".
- Where an Intensive Youth Supervision Order is made with a sentence of Detention, the order is to be referred to as a "Juvenile Conditional Release Order" or "JCRO".
Recording of Court Orders under Sections 66 and 67 of the Young Offenders Act 1994
1. No Punishment - No Conditions (Section 66)
The Court may decide not to impose a punishment.
An order for no punishment is not to be regarded as a dismissal, it is an order by the Court that no punishment will be imposed.
To be recorded on complaints and other court documentation as: NP66.
2. No Punishment - With Conditions (Section 67)
The court may decide not to impose a punishment if it is satisfied that:
- The offender or the responsible adult have given or will enter into an undertaking; or
- A punishment (approved of by the court) has been inflicted on the young person, or a responsible adult undertakes to inflict a punishment on the offender.
To be recorded on complaints and other court documentation as: NP67.
Judge Valerie French
President of the Children's Court of Western Australia
Dated this 7 day of December 1999
Last updated: 2 March 2023