Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 471

    (1)     If the Adult Parole Board considers it appropriate in the interests of a person under the age of 21 years imprisoned in a prison to transfer that person to a youth justice centre, the Adult Parole Board may if satisfied, after considering a report from the Secretary, that—

        (a)     that person is suitable for detention in a youth justice centre; and

        (b)     a place is available in a youth justice centre—

direct that that person be transferred to a youth justice centre.

    (2)     The Secretary to the Department of Justice must cause the physical removal of a person from a prison to a youth justice centre on the direction of the Adult Parole Board under subsection (1).

    (3)     A person directed to be transferred under subsection (1), while being removed from a prison to a youth justice centre, is deemed to be in the legal custody of the officer having the custody of that person and acting under the direction of the Adult Parole Board and that officer must deliver that person into the custody of the officer in charge of the youth justice centre.

S. 471(4) amended by No. 37/2014 s. 10(Sch. item 18.12).

    (4)     A police officer may, if requested to do so by the Secretary to the Department of Justice, assist the officer referred to in subsection (3) in the discharge of his or her duties under that subsection and, in that case, the person being transferred is deemed to be in the legal custody of the Chief Commissioner of Police.

    (5)     Subsection (3) does not apply if the officer transferring a person under this section is an escort officer within the meaning of the Corrections Act 1986 and the person being transferred is deemed under that Act to be in the legal custody of the Secretary to the Department of Justice.

    (6)     A person transferred from a prison to a youth justice centre under subsection (1) becomes, on transfer, subject to the jurisdiction of the Youth Parole Board for the unexpired portion of the term of his or her sentence and that sentence is to be treated for all purposes as a sentence of detention in a youth justice centre.

    (7)     Despite section 458, the Youth Parole Board must not release a person who—

        (a)     has been sentenced to a term of imprisonment; and

        (b)     has been transferred from prison and is currently detained in a youth justice centre—

on parole before the expiry of any non-parole period fixed in accordance with Subdivision (1) of Division 2 of Part 3 of the Sentencing Act 1991 .

    (8)     Despite section 458, the Youth Parole Board must not release a person on parole if—

        (a)     the person has been sentenced to a term of imprisonment of 12 months or more; and

        (b)     a non-parole period has not been fixed in accordance with Subdivision (1) of Division 2 of Part 3 of the Sentencing Act   1991 .

    (9)     In determining whether to release a person on parole, the Youth Parole Board may take into account the periods which that person has spent in prison.