Part 5Custodial sentences

Part 5—Custodial sentences Division 1—Youth sentenced as adult 36—Detention of youth sentenced as adult (1) Subject to any direction of the sentencing court to the contrary, a youth who has been dealt with as an adult and sentenced to imprisonment will serve that sentence in a training centre. (2) If a youth is serving a sentence of imprisonment in a training centre, and the sentence of imprisonment will extend past the youth's 18th birthday, the following must occur before the youth reaches 18 years of age: (a) a report on the youth's progress in detention must be provided by the Chief Executive to the sentencing court; (b) the sentencing court must review the detention and, having regard to the report and any other matter the court thinks fit, direct that the imprisonment in a training centre continue or the youth be transferred to a prison. (3) Subject to subsection (4), while a youth is serving a sentence of imprisonment in a training centre, this Act applies to the youth, to the exclusion of the Correctional Services Act 1982, as if the youth had been sentenced to detention in a training centre. (4) The following provisions of the Correctional Services Act 1982 apply to and in relation to a youth who is serving a sentence of imprisonment in a training centre: (b) Division 3 of Part 6 (release on parole) applies to a youth in respect of whom a non-parole period has been fixed, with the following modifications: (i) a reference to the Board will be taken to be a reference to the Training Centre Review Board; (ii) a reference to a prisoner will be taken to be a reference to a youth; (iii) a reference to a prison will be taken to be a reference to a training centre; (iv) a reference to a community corrections officer will be taken to be a reference to a community youth justice officer under the Youth Justice Administration Act; (v) a reference to the CE will be taken to be a reference to the Chief Executive. (5) If a youth who is on parole attains the age of 18 years— (a) the preceding provisions of this section cease to apply in relation to the youth; and (b) any reference in the parole conditions to the Training Centre Review Board will be taken to be a reference to the Parole Board; and (c) any reference in the parole conditions to an officer of the Department will be taken to be a reference to a community corrections officer.