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s 36

Detention of youth sentenced as adult

In force
Part 5Custodial sentences
Division 1Youth sentenced as adult

36 Detention of youth sentenced as adult

(1)

Subject to any direction of the sentencing court to the contrary, a youth who has been dealt with as an adult and sentenced to imprisonment will serve that sentence in a training centre.

(2)

If a youth is serving a sentence of imprisonment in a training centre, and the sentence of imprisonment will extend past the youth's 18th birthday, the following must occur before the youth reaches 18 years of age:

(a)

a report on the youth's progress in detention must be provided by the Chief Executive to the sentencing court;

(b)

the sentencing court must review the detention and, having regard to the report and any other matter the court thinks fit, direct that the imprisonment in a training centre continue or the youth be transferred to a prison.

(3)

Subject to subsection (4), while a youth is serving a sentence of imprisonment in a training centre, this Act applies to the youth, to the exclusion of the Correctional Services

Act 1982, as if the youth had been sentenced to detention in a training centre.

(4)

The following provisions of the Correctional Services

Act 1982 apply to and in relation to a youth who is serving a sentence of imprisonment in a training centre:

(b)

Division 3 of Part 6 (release on parole) applies to a youth in respect of whom a non-parole period has been fixed, with the following modifications:

(i)

a reference to the Board will be taken to be a reference to the

Training Centre Review Board;

(ii)

a reference to a prisoner will be taken to be a reference to a youth;

(iii)

a reference to a prison will be taken to be a reference to a training centre;

(iv)

a reference to a community corrections officer will be taken to be a reference to a community youth justice officer under the Youth Justice

Administration Act;

(v)

a reference to the CE will be taken to be a reference to the Chief

Executive.

(5)

If a youth who is on parole attains the age of 18 years—

(a)

the preceding provisions of this section cease to apply in relation to the youth; and

(b)

any reference in the parole conditions to the Training Centre

Review Board will be taken to be a reference to the Parole Board;

and

(c)

any reference in the parole conditions to an officer of the

Department will be taken to be a reference to a community corrections officer.

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