Extension of Act for detainee offender
146 Extension of Act for detainee offender
In this section—
detainee means a person serving a period of detention under a sentence order.
If—
a proceeding is started against a detainee for an offence committed within the period of 1 year after the detainee ceased to be a child; and
the proceeding is started within 1 year of the commission of the offence;
the detainee may be treated as a child for the purpose of the proceeding.
A court may treat the detainee as a child if it considers this appropriate, for example because—
treatment of the detainee as an adult would disrupt the application of an existing sentence order; or
the offence was committed in a detention centre in circumstances suggesting that the detainee should be treated as a child in relation to the offence; or
a recommendation made by the chief executive or in a pre-sentence report supports the treatment of the detainee as a child.
A court may act under this section on application by a party to the proceeding or on its own initiative.
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