NSWIn ForceAct
Children (Detention Centres) Act 1987
28ACertain children may be remanded in correctional centres
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#### 28A Certain children may be remanded in correctional centres
28A Certain children may be remanded in correctional centres
> > (1) This section applies to a child of or above the age of 16 years who is—
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> > > (a) a child (including a detainee) charged with an indictable offence, or
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> > > (b) a detainee subject to a detention order relating to an indictable offence and is charged with a detention centre offence (as defined in section 28C) or an indictable offence.
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> > (2) In any criminal proceedings against a child to whom this section applies a court may remand the child to a correctional centre pending the commencement of the hearing of the proceedings or during any adjournment of the hearing, but only if—
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> > > (a) the person by whom the proceedings were commenced or the Secretary applies for such a remand, and
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> > > (b) the child is not released on bail under the [Bail Act 2013](/view/html/inforce/current/act-2013-026), and
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> > > (c) the court is of the opinion that the child is not a suitable person for detention in a detention centre.
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> > (3) The Children’s Court may at any time on the application of the Secretary remand a child as referred to in subsection (2), subject to the requirements of paragraphs (b) and (c) of that subsection.
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> > (4) Section 28E makes provision for the matters to be taken into account in deciding whether a person is suitable for detention in a detention centre.
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> **s 28A:** Ins 1988 No 40, Sch 1 (12). Am 2004 No 103, Sch 2 \[9\]; 2014 No 5, Sch 2.5 \[2\].