411Youth residential centre orders

411 Youth residential centre orders (1) If a child is ordered to be detained in a youth residential centre under section 410, the period of detention in respect of an offence must not exceed the maximum term of imprisonment for the offence if committed by an adult and in any event must not exceed 1 year. (2) If a child is convicted on the same day, or in the same proceeding, of more than one offence— S. 411(2)(a) amended by No. 43/2017 s. 43(1). (a) subject to subsection (2A), any period of detention in a youth residential centre shall be concurrent with any period of detention in respect of any other of the offences, unless the Court, at the time of sentencing, states that the sentences are cumulative and gives reasons for its decision; and (b) the aggregate period of detention in a youth residential centre which may be required in respect of all of the offences must not exceed 2 years; and (c) if the Court imposes a sentence of detention in a youth residential centre on a child who has not completed another sentence of detention in a youth residential centre, the Court may direct that the sentence being imposed be served in part concurrently with the other sentence or wholly cumulatively on it. S. 411(2A) inserted by No. 43/2017 s. 43(2). (2A) If one or more of the offences referred to in subsection (2) is— (b) an offence constituted by escape from a remand centre, youth justice centre or a youth residential centre; or (c) an offence involving property damage to a remand centre, a youth justice centre or a youth residential centre— any period of detention imposed on the child for that offence or those offences must be served cumulatively with any period of detention in respect of any of the other offences, unless the Court, at the time of sentencing, states that the sentences are concurrent and gives reasons for its decision. (3) If— (a) a sentence of detention in a youth residential centre is imposed on a child already under sentence of detention in a youth residential centre; and (b) the subsequent sentence is cumulative on any uncompleted prior sentence; and (c) the aggregate of the periods of the unexpired portion of the prior sentence and the subsequent sentence exceeds 2 years— the subsequent sentence is to be taken to be a sentence that the child be further detained in a youth residential centre after the expiration of the period of the prior sentence for the period determined by deducting from 2 years the period of the unexpired portion of the prior sentence at the date of the passing of the subsequent sentence. (4) The Court may make recommendations in writing as to the management or treatment of, or any other matter concerning, a child sentenced to detention in a youth residential centre. S. 411(5) amended by No. 43/2017 s. 43(3). (5) Subject to this section, the provisions of Subdivision (4) of Division 2 of Part 3 of the **Sentencing Act 1991** (except sections 32, 32A and 33) apply to an order made by the Criminal Division detaining a child in a youth residential centre as if a reference to the Magistrates' Court were a reference to the Children's Court. Division 10—Youth justice centre orders