Power to return accused to youth justice custodial centre
333 Power to return accused to youth justice custodial centre
S. 333 (Heading) amended by No. 32/2024 s. 1048(1).
S. 333(1) amended by No. 43/2017 s. 36(1).
Despite anything in the Bail Act 1977, if—
S. 333(1)(a) amended by No. 32/2024 s. 1048(2)(a).
the accused in a criminal proceeding in the Magistrates' Court is undergoing a sentence of detention in a youth justice custodial centre; and
S. 333(1)(b) amended by No. 5/2025 s. 35.
the Magistrates' Court adjourns the proceeding or commits the accused for trial—
the court may, subject to subsection (3), instead of remanding the accused in custody—
S. 333(1)(c) amended by No. 32/2024 s. 1048(2)(b).
direct that the accused be returned to the custody of the Secretary to the Department of Justice and Community Safety until the end of the sentence of detention or the resumption of the hearing or the commencement of the trial (whichever is the sooner); and
either—
S. 333(1)(d)(i) amended by No. 70/2010 s. 36.
grant the accused bail on a condition that bail is not to be entered until the end of the sentence of detention; or
refuse bail and direct that the accused be brought before the Magistrates' Court at a later date for it to consider the granting of bail.
For the purposes of this section, the end of the sentence of detention means the time when the accused is released from custody, whether on parole or otherwise.
Note
Section 5A of the Bail Act 1977 provides equivalent powers to the Supreme Court and the County Court.
S. 333(3) inserted by No. 43/2017 s. 36(2), amended by No. 3/2018 s. 27, substituted by No. 32/2024 s. 1048(3).
This section does not apply if the accused is 18 years of age or over and the court is satisfied—
of any of the following—
the offence charged is serious and violent;
the accused has threatened or attempted to engage in conduct in a youth justice custodial centre, or in the custody of the Secretary to the Department of Justice and Community Safety, that the court considers to be serious and violent;
the accused has engaged in conduct that threatens the security or stability of a youth justice custodial centre; and
that the Secretary to the Department of Justice and Community Safety is not reasonably able to safely and appropriately accommodate and support the person in a youth justice custodial centre.
This Act’s bill:Explanatory memorandumSecond reading speech
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