472Person in prison may be transferred to youth residential centre

472 Person in prison may be transferred to youth residential centre (1) If the Adult Parole Board considers it appropriate in the interests of a child under the age of 18 years imprisoned in a prison to transfer the child to a youth residential centre, the Adult Parole Board may direct that the child be transferred to a youth residential centre. (2) The Adult Parole Board may only make a direction under subsection (1) if, after considering a report from the Secretary, the Board is satisfied that— (a) the child is suitable for detention in a youth residential centre; and (b) a place is available in a youth residential centre. (3) The Secretary to the Department of Justice must cause the physical removal of a child from a prison to a youth residential centre on the direction of the Adult Parole Board under subsection (1). (4) A child directed to be transferred under subsection (1), while being removed from a prison to a youth residential centre, is deemed to be in the legal custody of the officer having the custody of the child and acting under the direction of the Adult Parole Board and that officer must deliver the child into the custody of the officer in charge of the youth residential centre. S. 472(5) amended by No. 37/2014 s. 10(Sch. item 18.12). (5) A police officer may, if requested to do so by the Secretary to the Department of Justice, assist the officer referred to in subsection (4) in the discharge of his or her duties under that subsection and, in that case, the child being transferred is deemed to be in the legal custody of the Chief Commissioner of Police. (6) Subsection (4) does not apply if the officer transferring a child under this section is an escort officer within the meaning of the **Corrections Act** **1986** and the child being transferred is deemed under that Act to be in the legal custody of the Secretary to the Department of Justice. S. 472(7) amended by No. 61/2014 s. 119(1). (7) A child transferred from a prison to a youth residential centre under subsection (1) becomes, on transfer, subject to the jurisdiction of the Youth Parole Board for the unexpired portion of the term of his or her sentence and that sentence is to be treated for all purposes as a sentence of detention in a youth residential centre. S. 472(8) amended by No. 61/2014 s. 119(2). (8) 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. 472(9) amended by No. 61/2014 s. 119(3). (9) 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. 472(10) amended by No. 61/2014 s. 119(4). (10) 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.