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s 39

Reviews etc and proceedings of Training Centre Review Board

In force
Part 5Custodial sentences
Division 3Release from detention
Subdivision 1Training Centre Review Board

39 Reviews etc and proceedings of Training Centre Review Board

(1)

The Training Centre Review Board has the following functions in respect of a youth who has been sentenced to detention in a training centre:

(a)

to conduct a review of the progress and circumstances of the youth while in the training centre—

(i)

at intervals of not more than 6 months; and

(ii)

at any other time on the request of the Chief

Executive;

(b)

to hear and determine any other matter relating to the youth assigned to the Board under this Act.

(2)

The following provisions apply in proceedings before the Training

Centre Review Board under this Act in respect of a youth:

(a)

if the youth is not a recidivist young offender—the Training

Centre Review Board must be constituted of—

(i)

a member of the Board who is a member of the Court's judiciary (who will preside at the sitting); and

(ii)

4 of the appointed members (of whom at least 1 must be a member appointed under section 38(2)(e) if the youth is an Aboriginal youth);

(b)

if the youth is a recidivist young offender or a terror suspect—the Training Centre Review Board will sit as the Youth Parole

Board and be constituted of—

(i)

a member of the Board who is a member of the Court's judiciary (who will preside at the sitting); and

(ii)

4 of the appointed members, of whom—

(A)

at least 1 must be a member appointed under section 38(2)(ca); and

(B)

at least 1 must be a member appointed under section 38(2)(d); and

(C)

if the recidivist young offender is an Aboriginal youth—at least 1 must be a member appointed under section 38(2)(e).

(3)

The Training Centre Review Board must notify the following persons of the day and time fixed by the Board for proceedings before the Board:

(a)

the youth to whom the proceedings relate;

(b)

a guardian of the youth;

(c)

the Chief Executive;

(d)

if, in relation to an offence for which the youth was detained, there is a registered victim—the registered victim.

(4)

However, the Training Centre Review Board is not required to notify the registered victim if the victim has indicated to the Board that he or she does not wish to be so notified.

(5)

In any proceedings before the Training Centre Review Board relating to a youth (whether or not a recidivist young offender)—

(a)

the legal representative, and a guardian, of the youth must be given the opportunity to make submissions to the Board; and

(b)

the registered victim may make such submissions to the Board as he or she thinks fit in writing or, by prior arrangement with the Board, in person.

(6)

If a period of detention to which a youth has been sentenced will extend past the youth's 18th birthday, the Training Centre Review Board must, at the last periodical review before that birthday, and at each periodical review thereafter, consider whether the youth should be transferred to complete the period of detention in a prison (and, if the Board does so determine, the youth will be transferred to prison in accordance with the

Board's determination).

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