Young person in custody awaiting trial
21 Young person in custody awaiting trial
Subject to the Bail Act 1982 —
a young person who is under 18 years old may be detained in a detention centre during the period for which the person has been remanded by a court, or during the period of the person’s detention on committal for trial in the Supreme Court or the District Court; and
a young person who has reached the age of 18 years must not be detained in a detention centre during either of the periods described in paragraph (a) unless a direction under section 21A(1) or 178B(1) in respect of the young person is in force.
If a young person reaches the age of 18 years while detained in a detention centre as described in subsection (1)(a), the chief executive officer must transfer the young person to a prison under the Prisons Act 1981 unless a direction under section 21A(1) or 178B(1) in respect of the young person is in force.
A transfer under subsection (2) must be made within 30 days after —
the day on which the young person reaches the age of 18 years; or
if the chief executive officer revokes under section 21A(3) or 178B(3) a direction in respect of the young person — the day on which the direction is revoked.
A failure to comply with subsection (3) does not invalidate the transfer.
A young person transferred to a prison under subsection (2) is taken to be an adult prisoner on remand.
[Section 21 amended: No. 15 of 2023 s. 6.]
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