Young Offenders Act 1994

This section applies to an offender who has reached the age of 16 years but is under 18 years old.

If the offender is in a detention centre serving a sentence of detention or a sentence of imprisonment, the chief executive officer may apply to the Children’s Court, constituted so as to consist of or include a judge, for a direction under subsection (3).

On an application under subsection (1), the Court may direct that the offender be transferred to a prison under the Prisons Act 1981 to serve the unserved portion of the sentence.

A direction under subsection (3) can be made only if the Court is satisfied that the offender should be transferred to a prison because —

the offender’s behaviour in the detention centre (including when serving a previous sentence) is or has been a significant risk to the safety or welfare of other people in custody in, or of the staff of, the centre; or

of the offender’s antecedents; or

of any other reason the Court thinks is relevant.

If a direction is made under subsection (3) in respect of an offender serving a sentence of detention —

the Prisons Act 1981 applies to and in respect of the offender while in prison; and

Part 7 Division 8 and Part 8 continue to apply to the sentence of detention.

If the Court decides to make or refuse to make a direction under subsection (3), the offender or the chief executive officer may appeal against the decision under and subject to Part 3 of the Criminal Appeals Act 2004 which, with any necessary changes, applies as if the direction were an order that might be made as a result of a conviction.