469Transfer to prison

469 Transfer to prison

(1) The Secretary must cause the physical removal of a person from a youth justice centre to a prison on the direction of the Youth Parole Board under section 467 or 468.

(2) A person directed to be transferred under section 467 or 468, while being removed from a youth justice centre to a prison, 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 legal custody of the Secretary to the Department of Justice.

S. 469(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 Chief Commissioner of Police.

S. 469(4) amended by No. 69/2014 s. 10(1).

(4) Subject to subsection (4A), a person transferred to a prison under section 467 or 468 becomes, on transfer, subject to the jurisdiction of the Adult Parole Board as if the period of detention served by that person prior to the transfer had been a non-parole period.

S. 469(4A) inserted by No. 69/2014 s. 10(2).

(4A) A person in respect of whom a youth justice centre order has been made in accordance with section 10AA(2) of the Sentencing Act 1991 who is transferred to a prison under section 467 or 468 becomes, on transfer, subject to the jurisdiction of the Adult Parole Board as if the minimum term of that order applicable under section 10AA(2) of that Act had been a non-parole period.

(a) a person is transferred to a prison under section 467 or 468; and

(b) a warrant for the detention of the person in a youth justice centre in default of payment of a fine or sum of money is executed—

the Youth Parole Board may further direct that the person be imprisoned in default of payment of the fine or sum of money.

Division 4—Transfer from youth justice centre to youth residential centre