Young Offenders Act 1993

If a police officer or the Minister considers that a youth has failed to observe any condition imposed by the Training Centre Review Board under this Subdivision, the police officer or the Minister (as the case may be) (the applicant) may apply to the Board for an order that the youth be returned to a training centre.

Subject to subsection (3), the applicant must cause a copy of an application under subsection (1) to be served on the youth and a guardian of the youth, and the application must be endorsed with a notice of the place, date and time for the hearing of the application.

If the applicant believes on reasonable grounds that, if served with any such application, the youth would be likely to abscond, the applicant may apply to the Youth Court—

to issue a warrant for the apprehension of the youth;

and

to dispense with service of the application.

The Court will not grant an application under subsection (3) unless satisfied, by information given on oath, that there are reasonable grounds to believe that, if served with the application, the youth would be likely to abscond.

If—

a youth on whom an application is to be served cannot be found;

or

a youth, having been served with the application, fails to attend before the Training Centre Review Board on an application, a member of the Board may apply to the Youth Court for a warrant for the apprehension of the youth or may, with the concurrence of a second member of the Board, issue such a warrant.

The Court must, on application under subsection (5), issue a warrant for the apprehension of the youth unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant.

A warrant issued under this section authorises the apprehension of the youth referred to in the warrant by a police officer or an officer of the

Department authorised for the purpose.

A youth who has been apprehended on a warrant issued under this section must be brought before the Training Centre Review Board as soon as reasonably practicable, and may be detained by the Chief Executive in any place (other than a prison) approved by the Minister until brought before the

Board.

The Training Centre Review Board may order that a youth who has been brought before the Board under this section be returned to detention under the original order if satisfied that the youth has contravened a condition.

If a youth is returned to detention under the original order—

he or she is liable to serve the balance of the sentence unexpired as at the date on which the breach of condition occurred; and

the youth will be taken to have been serving that balance of sentence during any period spent in custody pending determination of the proceedings for breach of condition.

However, instead of exercising its powers under subsection (9), the Training Centre Review Board may impose a further condition on the youth's release requiring the youth to perform a specified number of hours of community service if the Board is of the opinion that the breach of condition was not so serious as to warrant returning the youth to detention.