484Removal of person from remand centre etc.

484 Removal of person from remand centre etc. (1) The Secretary may by warrant under his or her hand cause the removal of a person— (a) from any remand centre to any other remand centre or to a youth residential centre or youth justice centre; or (b) from a youth residential centre to any other youth residential centre or to a remand centre; or (c) from a youth justice centre to any other youth justice centre or to a remand centre. (2) On being removed under subsection (1) a person must be kept at the remand centre, youth residential centre or youth justice centre for the residue of the period of his or her detention in custody or until removed by legal authority. (3) A person while being removed from or to a remand centre, youth residential centre or youth justice centre is deemed to be in the legal custody of the officer having the custody of the person and acting under the warrant. (4) The officer acting under the warrant must in due course deliver or return the person into the custody of the officer in charge of the remand centre, youth residential centre or youth justice centre in accordance with the terms of the warrant. S. 484(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, assist the officer referred to in subsections (3) and (4) in the discharge of his or her duties under those subsections and, in that case, the person being removed is deemed to be in the legal custody of the police officer. S. 484(6) inserted by No. 43/2017 s. 33. (6) When making a decision under this section to cause the removal of a person under subsection (1)(a), (b) or (c), the Secretary to the Department of Justice and Regulation, in the Secretary's complete discretion, may have regard to the following— (a) the availability and appropriateness of accommodation for the combination of all persons detained across all remand centres, youth residential centres and youth justice centres; (b) the safety, security and good order of any remand centre, youth residential centre or youth justice centre; (c) the safety, security and needs of any person detained at any remand centre, youth residential centre or youth justice centre; (d) the safety of any person at any remand centre, youth residential centre or youth justice centre; (e) any matter that the Secretary to the Department of Justice and Regulation considers relevant. S. 484(7) inserted by No. 43/2017 s. 33. (7) For the avoidance of doubt, the Secretary to the Department of Justice and Regulation is not required to afford procedural fairness in making any decision under this section.