Victorian Current Acts Victorian Current Acts(1) The Youth Parole Board may direct that a person aged 16 years or more who has been transferred to—
(a) a youth justice centre under section 471(1); or
(b) a youth residential centre under section 472(1)—
and is currently detained in a youth justice centre, be transferred to a prison to serve the unexpired portion of the period of his or her sentence.
(2) The Youth Parole Board may only make a direction under subsection (1) in respect of a person if the Board considers the direction appropriate, having regard to—
(a) the antecedents and behaviour of the person; and
(b) the length of the unexpired portion of the person's sentence; and
(c) the age and maturity of the person; and
(d) a report from the Secretary.
(3) A report from the Secretary under subsection (2)(d) must set out the steps that have been taken to avoid the need to transfer the person concerned to prison.
(4) The Secretary must cause the physical removal of a person from a youth justice centre to a prison on the direction of the Youth Parole Board under this section.
(5) A person directed to be transferred under this section, while being removed from a youth justice centre to a prison, is deemed to be in the legal custody of the officer having the custody of that person and acting under the direction of the Youth Parole Board and that officer must deliver that person into the legal custody of the Secretary to the Department of Justice.
S. 473(6) amended by No. 37/2014 s. 10(Sch. item 18.12).
(6) A police officer may, if requested to do so by the Secretary, assist the officer referred to in subsection (5) 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.
(7) A person transferred to a prison under this section becomes, on transfer, subject to the jurisdiction of the Adult 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 imprisonment.
(8) In determining whether to release a person on parole, the Adult Parole Board may take into account the periods which the person has spent in a youth justice centre and a youth residential centre.
Division 6—General