470Persons in youth justice centre may be transferred to youth residential centre

470 Persons in youth justice centre may be transferred to youth residential centre (1) If the Youth Parole Board, having regard to the antecedents and behaviour of the child, considers it appropriate in the interests of a child under the age of 18 years detained in a youth justice centre to transfer that child to a youth residential centre, the Youth Parole Board may direct that that person be transferred to a youth residential centre. (2) The Secretary must cause the physical removal of a person from a youth justice centre to a youth residential centre on the direction of the Youth Parole Board under subsection (1). (3) A person directed to be transferred under subsection (1), while being removed from a youth justice centre to a youth residential 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 residential centre. S. 470(4) amended by No. 37/2014 s. 10(Sch. item 18.12). (4) A police officer may, if requested to do so by the Secretary, assist the officer referred to in subsection (3) 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. 470(5) substituted by No. 61/2014 s. 118(1). (5) The sentence of a person transferred from a youth justice centre to a youth residential centre under subsection (1) is to be treated for all purposes, on transfer, as a sentence of detention in a youth residential centre. S. 470(6) amended by No. 61/2014 s. 118(2). (6) Despite section 458, the Youth Parole Board must not release a person who— (b) has been transferred from prison and is currently detained in a youth residential 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**. S. 470(7) amended by No. 61/2014 s. 118(3). (7) Despite section 458, the Youth Parole Board must not release a person on parole if— (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**. S. 470(8) amended by No. 61/2014 s. 118(4). (8) 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 justice centre. Division 5—Transfers to and from prison