9ACertain persons not to be detained in detention centres

#### 9A Certain persons not to be detained in detention centres 9A Certain persons not to be detained in detention centres > > (1) A person who is of or above the age of 21 years is not to be detained in a detention centre if the person is the subject of— > > > > > (a) an arrest warrant of any kind, or > > > > > (b) a warrant or order for the detention of the person on remand. > > > (2) A person who is of or above the age of 18 years, but under the age of 21 years, is not to be detained in a detention centre if the person is the subject of an arrest warrant or order of any of the following kinds— > > > > > (a) a warrant issued under section 41 of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055) in relation to an alleged breach of a good behaviour bond or an alleged breach of probation, or > > > > > (b) a warrant issued under section 23 of the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056) in relation to an alleged breach of a children’s community service order, or > > > > > (c) a warrant issued under section 98 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) in relation to an alleged breach of a condition of a good behaviour bond (to the extent the warrant continues in force after the repeal of that section by the [Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017](/view/html/repealed/current/act-2017-053)), or > > > > > (d) a warrant issued under section 39 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) in relation to an alleged escape from custody, or > > > > > (e) a warrant issued under section 116 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) in relation to an alleged breach of a community service order (to the extent the warrant continues in force after the repeal of that section by the [Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017](/view/html/repealed/current/act-2017-053)), or > > > > > (e1) a warrant issued under section 181 (1) of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) in relation to an alleged failure to comply with a condition of an order referred to in that paragraph (to the extent the warrant continues in force after the substitution of section 181 (1) by the [Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017](/view/html/repealed/current/act-2017-053)), or > > > > > (f) a warrant issued under section 172A (1) (b), 180 (1) (b) or 181 (1) of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), or > > > > > (f1) a warrant issued under section 107C or 108C of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) in relation to an alleged failure to comply with a condition of a community correction order or of a conditional release order, or > > > > > (g) an order or warrant issued under section 98. > > > (2A) A person who is brought before a court on a warrant or order referred to in subsection (2) is not to be detained on remand in a detention centre until the proceedings to which the warrant or order relates are determined. > > > (3) A person who is of or above the age of 18 years, but under the age of 21 years, is not to be detained in a detention centre if— > > > > > (a) the person— > > > > > > > (i) is currently in custody in a correctional centre, and > > > > > > > (ii) has been in custody in a correctional centre for a period of, or periods totalling, more than 4 weeks, or > > > > > (b) an order under section 28(1) has previously been made in relation to the person’s current period of custody in a correctional centre. > > > (4) Subsection (3) does not apply if the person is a juvenile inmate transferred to a detention centre by order under section 10(1). > > > (5) A person who is not to be detained in a detention centre because of subsection (3) is taken to be an inmate under the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > **s 9A:** Ins 2008 No 55, Sch 1 \[3\]. Am 2008 No 108, Sch 2.1 \[1\]–\[3\]; 2017 No 57, Sch 2 \[1\]; 2018 No 25, Sch 1.3 \[1\]–\[5\]; 2020 No 26, Sch 1.2\[1\] \[2\]; 2021 No 16, Sch 4\[1\] \[2\].