Detention of youth sentenced as adult
36 Detention of youth sentenced as adult
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.
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 report on the youth's progress in detention must be provided by the Chief Executive to the sentencing court;
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.
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.
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:
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:
a reference to the Board will be taken to be a reference to the
Training Centre Review Board;
a reference to a prisoner will be taken to be a reference to a youth;
a reference to a prison will be taken to be a reference to a training centre;
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;
a reference to the CE will be taken to be a reference to the Chief
Executive.
If a youth who is on parole attains the age of 18 years—
the preceding provisions of this section cease to apply in relation to the youth; and
any reference in the parole conditions to the Training Centre
Review Board will be taken to be a reference to the Parole Board;
and
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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