Detention offence charge, procedure on
171 Detention offence charge, procedure on
A charge of a detention offence alleged to have been committed by a detainee may be made by any officer or a person who is authorised to exercise a power set out in clause 15 of Schedule 2 to the Court Security and Custodial Services Act 1999 and is to be brought immediately to the attention of the superintendent.
The superintendent is to confer, where practicable, with the detainee, a responsible adult and any other person whose participation is likely to be of benefit in considering how to deal with the allegation.
After conferring, where practicable, in accordance with subsection (2), the superintendent, having regard to the nature of the alleged offence and to the alleged circumstances, is to —
suspend further action with respect to the charge on the detainee’s undertaking to be of good behaviour for a stated period not exceeding 2 months, at the end of which period the charge is to be withdrawn if the undertaking has been observed; or
direct that the charge be withdrawn or that a further or different charge be laid; or
hear and determine the charge; or
refer the charge to a visiting justice for hearing and determination.
[Section 171 amended: No. 47 of 1999 s. 44.]
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