sec.135Offender to be remanded in a corrective services facility

### sec.135 Offender to be remanded in a corrective services facility This section applies if— both of the following apply— a court remands an offender in custody in connection with a charge of an adult offence; the offender is already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or both of the following apply— a court remands an offender in custody in connection with a charge of a child offence, or both a child offence and an adult offence; the offender is not already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or both of the following apply— a court remands an offender in custody in connection with a charge of a child offence; the offender is already being held on remand, serving a term of imprisonment, or otherwise being held in custody, in a corrective services facility. The offender must be held on remand in a corrective services facility, unless a direction by the chief executive under section 276D is in effect for the offender. Subsection (4) applies if an offender mentioned in subsection (1) (a) is sentenced to a term of imprisonment for the adult offence. If a direction by the chief executive under section 276D is in effect for the offender, the offender must serve the term of imprisonment in a detention centre while the direction is in effect. The part of a term of imprisonment served in a detention centre under subsection (4) must be counted as part of the term of imprisonment. Subsection (7) applies if an offender mentioned in subsection (1) (b) or (c) is sentenced to a period of detention for a child offence. The offender must serve the period of detention as a term of imprisonment in a corrective services facility. s 135 prev s 135 amd 1994 No. 87 s 3 sch 1 ; 1999 No. 19 s 3 sch om 2002 No. 39 s 72 pres s 135 ins 2002 No. 39 s 42 sub 2009 No. 34 s 17 amd 2023 No. 21 s 71 sub 2024 No. 54 s 14 (sec.135-ssec.1) This section applies if— both of the following apply— a court remands an offender in custody in connection with a charge of an adult offence; the offender is already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or both of the following apply— a court remands an offender in custody in connection with a charge of a child offence, or both a child offence and an adult offence; the offender is not already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or both of the following apply— a court remands an offender in custody in connection with a charge of a child offence; the offender is already being held on remand, serving a term of imprisonment, or otherwise being held in custody, in a corrective services facility. (sec.135-ssec.2) The offender must be held on remand in a corrective services facility, unless a direction by the chief executive under section 276D is in effect for the offender. (sec.135-ssec.3) Subsection (4) applies if an offender mentioned in subsection (1) (a) is sentenced to a term of imprisonment for the adult offence. (sec.135-ssec.4) If a direction by the chief executive under section 276D is in effect for the offender, the offender must serve the term of imprisonment in a detention centre while the direction is in effect. (sec.135-ssec.5) The part of a term of imprisonment served in a detention centre under subsection (4) must be counted as part of the term of imprisonment. (sec.135-ssec.6) Subsection (7) applies if an offender mentioned in subsection (1) (b) or (c) is sentenced to a period of detention for a child offence. (sec.135-ssec.7) The offender must serve the period of detention as a term of imprisonment in a corrective services facility. - (a) both of the following apply— (i) a court remands an offender in custody in connection with a charge of an adult offence; (ii) the offender is already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or - (i) a court remands an offender in custody in connection with a charge of an adult offence; - (ii) the offender is already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or - (b) both of the following apply— (i) a court remands an offender in custody in connection with a charge of a child offence, or both a child offence and an adult offence; (ii) the offender is not already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or - (i) a court remands an offender in custody in connection with a charge of a child offence, or both a child offence and an adult offence; - (ii) the offender is not already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or - (c) both of the following apply— (i) a court remands an offender in custody in connection with a charge of a child offence; (ii) the offender is already being held on remand, serving a term of imprisonment, or otherwise being held in custody, in a corrective services facility. - (i) a court remands an offender in custody in connection with a charge of a child offence; - (ii) the offender is already being held on remand, serving a term of imprisonment, or otherwise being held in custody, in a corrective services facility. - (i) a court remands an offender in custody in connection with a charge of an adult offence; - (ii) the offender is already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or - (i) a court remands an offender in custody in connection with a charge of a child offence, or both a child offence and an adult offence; - (ii) the offender is not already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or - (i) a court remands an offender in custody in connection with a charge of a child offence; - (ii) the offender is already being held on remand, serving a term of imprisonment, or otherwise being held in custody, in a corrective services facility.