VICIn ForceAct
Children, Youth and Families Act 2005
466Transfer to youth justice centre
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466 Transfer to youth justice centre
S. 466(1) amended by No. 61/2014 s. 117(1).
(1) The Secretary must cause the physical removal of a person from a youth residential centre to a youth justice centre on the direction of the Youth Parole Board under section 464.
S. 466(2) amended by No. 61/2014 s. 117(1).
(2) A person directed to be transferred under section 464, while being removed from a youth residential centre to a youth justice centre, is deemed to be in the legal custody of the officer having the custody of that person and acting under the direction of the Youth Parole Board and that officer must deliver that person into the custody of the officer in charge of the youth justice centre.
S. 466(3) amended by No. 37/2014 s. 10(Sch. item 18.12).
(3) A police officer may, if requested to do so by the Secretary, assist the officer referred to in subsection (2) in the discharge of his or her duties under that subsection and, in that case, the person being transferred is deemed to be in the legal custody of the police officer.
S. 466(4) repealed by No. 61/2014 s. 117(2).
(5) Despite section 458, the Youth Parole Board must not release a person who—
(a) has been sentenced to a period of imprisonment; and
(b) has been transferred from prison and is currently detained in a youth justice centre—
on parole before the expiry of any non-parole period fixed in accordance with Subdivision (1) of Division 2 of Part 3 of the **Sentencing Act 1991**.
(6) Despite section 458, the Youth Parole Board must not release a person on parole if—
(a) the person has been sentenced to a period of imprisonment of 12 months or more; and
(b) a non-parole period has not been fixed in accordance with Subdivision (1) of Division 2 of Part 3 of the **Sentencing Act** **1991**.
(7) In determining whether to release a person on parole, the Youth Parole Board may take into account the periods which that person has spent in prison and in a youth residential centre.
Division 3—Transfer from youth justice centre to prison