A parliamentary question regarding the release conditions and subsequent breaches of supervised release orders for two youths convicted of serious crimes against an elderly woman. The Minister declines to answer directly, citing legal restrictions under the Young Offenders Act 1994, but expresses a willingness to disclose the information if legally permissible.

AnsweredQoN 640Legislative Assembly
Asked
21 October 2004
Portfolio
Justice

QuestionView source ↗

I refer the minister to the case of the two youths convicted and jailed in 2000 for numerous counts of burglary, stealing, deprivation of liberty and aggravated rape committed against an elderly woman and the release of both offenders in August. (1) What were the conditions of the supervised release orders for both offenders? (2) Why were the orders changed on the day of the offenders’ release? (3) What were the breaches for which the offenders were apprehended? Mrs M.H. ROBERTS

AnswerView source ↗

(1)-(3) I thank the member for her question. The advice I have received, which I have previously provided to the member for Nedlands, is that under law, I am not at liberty to disclose the conditions of that release order. From the advice that has been given to me, it is my understanding that under the Young Offenders Act 1994, I am not legally able to disclose that information. Personally, I do not have a problem with those matters being made public. However, we are dealing juveniles and laws are in place. The member should not ask me to break the law. I will seek confirmation that what the member is asking me to table in this House is against the law. If it is not, I am more than happy to table that information.
(1) What were the conditions of the supervised release orders for both offenders? (2) Why were the orders changed on the day of the offenders’ release? (3) What were the breaches for which the offenders were apprehended? Mrs M.H. ROBERTS replied: (1)-(3) I thank the member for her question. The advice I have received, which I have previously provided to the member for Nedlands, is that under law, I am not at liberty to disclose the conditions of that release order. From the advice that has been given to me, it is my understanding that under the Young Offenders Act 1994, I am not legally able to disclose that information. Personally, I do not have a problem with those matters being made public. However, we are dealing juveniles and laws are in place. The member should not ask me to break the law. I will seek confirmation that what the member is asking me to table in this House is against the law. If it is not, I am more than happy to table that information.
(2) Why were the orders changed on the day of the offenders’ release? (3) What were the breaches for which the offenders were apprehended? Mrs M.H. ROBERTS replied: (1)-(3) I thank the member for her question. The advice I have received, which I have previously provided to the member for Nedlands, is that under law, I am not at liberty to disclose the conditions of that release order. From the advice that has been given to me, it is my understanding that under the Young Offenders Act 1994, I am not legally able to disclose that information. Personally, I do not have a problem with those matters being made public. However, we are dealing juveniles and laws are in place. The member should not ask me to break the law. I will seek confirmation that what the member is asking me to table in this House is against the law. If it is not, I am more than happy to table that information.
(3) What were the breaches for which the offenders were apprehended? Mrs M.H. ROBERTS replied: (1)-(3) I thank the member for her question. The advice I have received, which I have previously provided to the member for Nedlands, is that under law, I am not at liberty to disclose the conditions of that release order. From the advice that has been given to me, it is my understanding that under the Young Offenders Act 1994, I am not legally able to disclose that information. Personally, I do not have a problem with those matters being made public. However, we are dealing juveniles and laws are in place. The member should not ask me to break the law. I will seek confirmation that what the member is asking me to table in this House is against the law. If it is not, I am more than happy to table that information.
Mrs M.H. ROBERTS replied: (1)-(3) I thank the member for her question. The advice I have received, which I have previously provided to the member for Nedlands, is that under law, I am not at liberty to disclose the conditions of that release order. From the advice that has been given to me, it is my understanding that under the Young Offenders Act 1994, I am not legally able to disclose that information. Personally, I do not have a problem with those matters being made public. However, we are dealing juveniles and laws are in place. The member should not ask me to break the law. I will seek confirmation that what the member is asking me to table in this House is against the law. If it is not, I am more than happy to table that information.
(1)-(3) I thank the member for her question. The advice I have received, which I have previously provided to the member for Nedlands, is that under law, I am not at liberty to disclose the conditions of that release order. From the advice that has been given to me, it is my understanding that under the Young Offenders Act 1994, I am not legally able to disclose that information. Personally, I do not have a problem with those matters being made public. However, we are dealing juveniles and laws are in place. The member should not ask me to break the law. I will seek confirmation that what the member is asking me to table in this House is against the law. If it is not, I am more than happy to table that information.

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