Release of child after service of period of detention
227 Release of child after service of period of detention
Unless a court makes an order under subsection (2) or (4), a child sentenced to serve a period of detention must be released from detention after serving 70% of the period of detention.
A court may order a child to be released from detention after serving 50% or more, and less than 70%, of a period of detention if it considers that there are special circumstances, for example to ensure parity of sentence with that imposed on a person involved in the same or related offence.
However, a court may not make an order under subsection (2) if—
the child has, at any time, been found guilty of a terrorism offence; or
the child is the subject of a Commonwealth control order; or
the court is satisfied the child has promoted terrorism.
If a court orders a child to serve a period of detention under section 175A—
subsections (1) to (3) do not apply; and
the court must order the child to be released from detention after serving the proportion of the period of detention that the court considers appropriate, subject to any requirement under the Criminal Code mentioned in section 175A(5) that relates to the offence.
If the child is entitled under section 218 to have a period of custody pending the proceeding (the custody period) treated as detention on sentence, the period before the child is released under this section must be reduced by the custody period.
Example—
C is sentenced to 10 weeks detention. C spent 2 weeks on remand before sentence. The chief executive must make a supervised release order releasing the child 5 weeks after sentence, which is 70% of 10 weeks with a further reduction of 2 weeks.
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