140Dealing with detention offence

140 Dealing with detention offence

(1)  In this section,

detention offence includes –

(a) an offence under section 107 of the Criminal Code in respect of a youth who has been sentenced to serve a period of detention or a detainee –

(i) escaping from the custody of the Secretary or a detention centre; and

(ii) attempting such an escape; and

(b) an offence under section 108(1) of the Criminal Code when committed by a detainee.

(2)  Before a complaint may be filed in respect of a detention offence which the offender admits committing –

(a) the offence is to be brought to the attention of the Secretary; and

(b) the Secretary, where practicable, must –

(i) confer with the offender, a guardian unless one cannot be found after reasonable inquiry, and any other person whose participation the Secretary considers is likely to be of benefit in determining how to deal with the offence; and

(ii) consider how the offence should be dealt with.

(3)  After considering the nature and circumstances of a detention offence which the offender admits committing and, where practicable, holding a conference under subsection (2)(b) , the Secretary may do one or more of the following:

(a) suspend further action with respect to the offence on the undertaking of the offender to be of good behaviour for a period not exceeding 2 months;

(b) caution the offender;

(c) [Section 140 Subsection (3) amended by No. 23 of 2016, s. 15, Applied:23 Aug 2016] order that the earliest release date or next release date be changed to a date which is not more than 3 days later;