sec.416Validation of holding of child sentenced to detention before commencement

### sec.416 Validation of holding of child sentenced to detention before commencement This section applies if, before the commencement— a child was sentenced by a court to serve a period of detention; and the child was subsequently held by the commissioner of the police service; and the court did not issue a warrant under former section 210(2) in relation to the child. The child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner. Anything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had issued a warrant under former section 210(2) in relation to the child. To remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith. s 416 ins 2023 No. 21 s 82 (sec.416-ssec.1) This section applies if, before the commencement— a child was sentenced by a court to serve a period of detention; and the child was subsequently held by the commissioner of the police service; and the court did not issue a warrant under former section 210(2) in relation to the child. (sec.416-ssec.2) The child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner. (sec.416-ssec.3) Anything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had issued a warrant under former section 210(2) in relation to the child. (sec.416-ssec.4) To remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith. - (a) a child was sentenced by a court to serve a period of detention; and - (b) the child was subsequently held by the commissioner of the police service; and - (c) the court did not issue a warrant under former section 210(2) in relation to the child.