413Youth justice centre orders

413 Youth justice centre orders (1) Subject to this section, the provisions of Subdivision (4) of Division 2 of Part 3 of the **Sentencing Act 1991** (except sections 32 and 33) apply to an order made by the Criminal Division detaining a child in a youth justice centre as if a reference to the Magistrates' Court were a reference to the Children's Court. S. 413(2) amended by No. 43/2017 s. 52(1). (2) If a child is ordered to be detained in a youth justice centre under section 412, 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 3 years. (3) If a child is convicted on the same day, or in the same proceeding, of more than one offence— S. 413(3)(a) amended by No. 43/2017 s. 44(1). (a) subject to subsection (3A), any period of detention in a youth justice 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 S. 413(3)(b) amended by No. 43/2017 s. 52(2). (b) the aggregate term of detention in a youth justice centre which may be required in respect of all of the offences must not exceed 4 years. S. 413(3A) inserted by No. 43/2017 s. 44(2). (3A) If one or more of the offences referred to in subsection (3) is— (b) an offence constituted by escape from a remand centre or a youth justice centre; or (c) an offence involving property damage to a remand centre or a youth residential centre or a youth justice 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. S. 413(4) amended by No. 43/2017 s. 44(3). (4) Subject to subsection (4A), every term of detention in a youth justice centre imposed on a child by a court must, unless otherwise directed by the court at the time of pronouncing the sentence, be, as from the date of its commencement, served concurrently with any uncompleted sentence or sentences of detention in a youth justice centre imposed on that child, whether before or at the time the relevant sentence was imposed. S. 413(4A) inserted by No. 43/2017 s. 44(4). (4A) If one or more of the offences to which a sentence of detention referred to in subsection (4) is— (b) an offence constituted by escape from a remand centre or a youth justice centre; or (c) an offence involving property damage to a remand centre or a youth justice centre— any period of detention imposed on the child for that offence or those offences must be served cumulatively with any uncompleted sentence or sentences of detention in a youth justice centre imposed on the child, unless the Court, at the time of sentencing, states that the sentences are concurrent and gives reasons for its decision. (5) 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 justice centre. Division 11—Deferral of sentencing