Arrangement for person to be in detention in a prison or detention centre
33 Arrangement for person to be in detention in a prison or detention centre
A senior police officer may arrange for a person who is in detention under a preventative detention order to be detained under the order —
in the case of a person who has reached 18 years of age — in a prison; or
in the case of a person who is under 18 years of age — in an appropriate prison or a detention centre.
Note for this subsection:
Under section 16 a preventative detention order cannot be made in relation to a person who is under 16 years of age.
An arrangement under subsection (1) for detention in a prison may be made with —
the chief executive officer of the department principally assisting the Minister administering the Prisons Act 1981 to administer that Act; or
a person authorised by that chief executive officer to agree to such arrangements.
An arrangement under subsection (1) for detention in a detention centre may be made with —
the chief executive officer of the department principally assisting the Minister administering the Young Offenders Act 1994 to administer that Act; or
a person authorised by that chief executive officer to agree to such arrangements.
If an arrangement is made under subsection (1) —
the preventative detention order is taken to order the person to be detained in the institution and authorise the person in charge of the institution to keep the person in detention while the order is in force;
the entitlements of the person under the Prisons Act 1981 section 95E(b) and Parts VI and VIII as a prisoner, or the Young Offenders Act 1994 as a detainee, have effect subject to sections 40, 44 and 46 and to any prohibited contact order made in relation to the person’s detention under the preventative detention order;
the entitlements of the person under sections 41, 43, 43A and 45 have effect subject to the Prisons Act 1981 and the Young Offenders Act 1994, and, in particular, the person is not entitled to communicate with anyone else by email;
section 39 applies in relation to the person’s detention under the order at the institution as if —
the person in charge of it; or
any other person involved in the subject’s detention at the institution,
were a person exercising authority under the order or implementing or enforcing the order;
the senior police officer who makes the arrangement is taken, while the person is in detention at the institution, to be the police officer detaining the person for the purposes of sections 20, 22 and 32 and Parts 5 and 6; and
the person in charge of the institution must notify the Inspector of Custodial Services as soon as practicable after the person’s detention in the institution begins.
Subsection (4)(b) applies in relation to —
the Prisons Act 1981 sections 62 and 64 (but not section 67(1)); and
the Young Offenders Act 1994 section 8(c),
as if they conferred entitlements on the person.
[Section 33 amended: No. 23 of 2019 s. 7.]
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