Young Offenders Act 1994

In this section, detainee means a person detained, in a detention centre or otherwise, under this Act or section 666 of The Criminal Code ³, whether on remand or otherwise.

If a person has charge for the time being of a detainee as authorised by this Act, by a court, or by an officer of the Department or if a person who is authorised to exercise a power set out in clause 2 of Schedule 2 to the Court Security and Custodial Services Act 1999 has charge for the time being of a detainee —

the person has, while engaged in any duty to which this Act relates, all such powers, authorities, protection, and privileges for the purpose of the execution of the duty as a police officer has by common law or statute; and

the detainee is to be regarded as being in legal custody.

Without prejudice to the generality of subsection (2), a detainee is to be regarded as being in legal custody —

whilst attending, or travelling to or from a court; or

whilst attending or travelling, to or from a medical or dental practitioner or a hospital; or

in the case of a detainee sentenced to be detained in a detention centre, whilst participating outside the detention centre in a programme approved by the Minister for detainees; or

whilst attending, or travelling directly to or from, any activity organised or supervised by officers of the Department employed at a detention centre at which the detainee is detained; or

whilst absent from a detention centre pursuant to a written authorisation of the chief executive officer given in accordance with subsection (4).

The chief executive officer may, in writing, authorise a detainee to be absent from a detention centre for a period not exceeding 72 hours, and the written authorisation is to specify the time, the period, and the purpose, of the authorised absence.