Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 474

S. 474(1) amended by No. 61/2014 s. 120.

    (1)     If a person—

        (a)     has been sentenced to detention in a youth residential centre; and

        (b)     before the end of that sentence is sentenced to a period of detention in a youth justice centre or to a term of imprisonment in respect of any offence—

the Youth Parole Board may direct that the person must serve the unexpired portion of the period of detention in a youth residential centre as detention in a youth justice centre or as imprisonment (as the case requires) and thereafter the person is subject to the jurisdiction of the Youth Parole Board or the Adult Parole Board (as the case requires).

    (2)     If a person—

        (a)     has been sentenced to detention in a youth residential centre; and

        (b)     before the end of that sentence is sentenced to a period of detention in a youth justice centre or to a term of imprisonment to be served cumulatively on the sentence of detention in a youth residential centre—

service of the sentence of detention in a youth residential centre must be suspended until that person has served the sentence of detention in a youth justice centre or the sentence of imprisonment (as the case requires).

    (3)     If a person undergoing a sentence of detention in a youth residential centre is brought before a court under section 490 or under any warrant or order of the Magistrates' Court, that person is, subject to subsection (2), deemed to be continuing to serve the sentence of detention which that person is then undergoing even if he or she is held in custody in a prison, police gaol, youth justice centre or other place that is not a youth residential centre.

    (4)     If a person who is sentenced to detention in a youth residential centre is at that time being held in custody in a prison, police gaol, youth justice centre or other place that is not a youth residential centre, that person is, subject to subsection (2), deemed to be serving that sentence of detention even if he or she is being held in custody otherwise than in a youth residential centre.