sec.146Extension of Act for detainee offender

### sec.146 Extension of Act for detainee offender In this section— detainee means a person serving a period of detention under a sentence order. If— a proceeding is started against a detainee for an offence committed within the period of 1 year after the detainee ceased to be a child; and the proceeding is started within 1 year of the commission of the offence; the detainee may be treated as a child for the purpose of the proceeding. A court may treat the detainee as a child if it considers this appropriate, for example because— treatment of the detainee as an adult would disrupt the application of an existing sentence order; or the offence was committed in a detention centre in circumstances suggesting that the detainee should be treated as a child in relation to the offence; or a recommendation made by the chief executive or in a pre-sentence report supports the treatment of the detainee as a child. A court may act under this section on application by a party to the proceeding or on its own initiative. s 146 (prev s 102) amd 1996 No. 22 s 31 ; 1998 No. 39 s 34 reloc and renum 2002 No. 39 s 36 (sec.146-ssec.1) In this section— detainee means a person serving a period of detention under a sentence order. (sec.146-ssec.2) If— a proceeding is started against a detainee for an offence committed within the period of 1 year after the detainee ceased to be a child; and the proceeding is started within 1 year of the commission of the offence; the detainee may be treated as a child for the purpose of the proceeding. (sec.146-ssec.3) A court may treat the detainee as a child if it considers this appropriate, for example because— treatment of the detainee as an adult would disrupt the application of an existing sentence order; or the offence was committed in a detention centre in circumstances suggesting that the detainee should be treated as a child in relation to the offence; or a recommendation made by the chief executive or in a pre-sentence report supports the treatment of the detainee as a child. (sec.146-ssec.4) A court may act under this section on application by a party to the proceeding or on its own initiative. - (a) a proceeding is started against a detainee for an offence committed within the period of 1 year after the detainee ceased to be a child; and - (b) the proceeding is started within 1 year of the commission of the offence; - (a) treatment of the detainee as an adult would disrupt the application of an existing sentence order; or - (b) the offence was committed in a detention centre in circumstances suggesting that the detainee should be treated as a child in relation to the offence; or - (c) a recommendation made by the chief executive or in a pre-sentence report supports the treatment of the detainee as a child.