❓ This WA parliamentary question explores whether 17-year-old P-plate drivers can avoid convictions and license suspensions for traffic offences through Juvenile Justice Teams, and clarifies the circumstances under which this is possible.
AnsweredQoN 5573Legislative Council
QuestionView source ↗
(1) Is it possible for 17 year old P-plate drivers to appear before a juvenile justice team and escape with a caution and no conviction being recorded?
(2) Is it possible for 17 year old P-plate drivers to commit the same offence more than once and still escape without licence suspension or vehicle confiscation?
(2) Is it possible for 17 year old P-plate drivers to commit the same offence more than once and still escape without licence suspension or vehicle confiscation?
AnswerView source ↗
Answered
22 November 2007
Responded by
Minister for Regional Development representing the Minister for Police and Emergency Services
Response time
35 days
(1) Yes. A juvenile can be referred direct to a Juvenile Justice Team (JJT) by a police officer or from a court. If they comply with any terms specified by the JJT the matter is considered finalised and no conviction is recorded. For this to occur the juvenile must accept responsibility for the offence.
(2) Yes. A juvenile may be cautioned for another hoon offence and also be referred to a JJT. Licence suspension or vehicle confiscation can only occur as a result of conviction by a court. Therefore if a hoon offence is committed by a juvenile and the matter is dealt with by way of caution or referred to the JJT, licence suspension or vehicle confiscation cannot occur.
WA police advise that as of 26 September 2007, 158 vehicles were seized from 17 year old drivers under the "anti-hoon" legislation since its inception in 2004.
122 of these cases involved a charge of "reckless driving" which, under the Young Offenders Act 1994,
cannot
be referred to a JJT. The penalty for reckless driving includes licence disqualification ranging from a minimum of 6 months for a first offence, a minimum of 12 months for a second offence and permanent disqualification for a third or subsequent offence.
In the remaining 36 cases, the driver was charged with "Creating Excessive Noise" and dealt with by way of summons to court. The court
may
transfer these charges to a JJT for further action, although the vehicle would still have been impounded by Police for 48 hours. Police are unable to advise how many of these cases were referred by the court to a JJT.
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(2) Yes. A juvenile may be cautioned for another hoon offence and also be referred to a JJT. Licence suspension or vehicle confiscation can only occur as a result of conviction by a court. Therefore if a hoon offence is committed by a juvenile and the matter is dealt with by way of caution or referred to the JJT, licence suspension or vehicle confiscation cannot occur.
WA police advise that as of 26 September 2007, 158 vehicles were seized from 17 year old drivers under the "anti-hoon" legislation since its inception in 2004.
122 of these cases involved a charge of "reckless driving" which, under the Young Offenders Act 1994,
cannot
be referred to a JJT. The penalty for reckless driving includes licence disqualification ranging from a minimum of 6 months for a first offence, a minimum of 12 months for a second offence and permanent disqualification for a third or subsequent offence.
In the remaining 36 cases, the driver was charged with "Creating Excessive Noise" and dealt with by way of summons to court. The court
may
transfer these charges to a JJT for further action, although the vehicle would still have been impounded by Police for 48 hours. Police are unable to advise how many of these cases were referred by the court to a JJT.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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