25How youth is to be dealt with if not granted bail

25 How youth is to be dealt with if not granted bail

(1)  If a youth is not admitted to bail under section 34 of the Justices Act 1959 or under section 4 of the Criminal Law (Detention and Interrogation) Act 1995 , the youth must be detained in a watch-house while waiting to be brought before a justice under section 34A of the Justices Act 1959 .

(2)  [Section 25 Subsection (2) amended by No. 72 of 2005, s. 138, Applied:20 Feb 2006] If a youth who is less than 19 years old is refused bail by a justice under section 35 of the Justices Act 1959 but an order is not made under section 47(2) of that Act, the youth must be detained –

(a) [Section 25 Subsection (2) amended by No. 1 of 2003, s. 6, Applied:16 Apr 2003] in a detention centre if, in the opinion of the Secretary, it is practicable to do so; or

(b) [Section 25 Subsection (2) amended by No. 1 of 2003, s. 6, Applied:16 Apr 2003] in a prison if, in the opinion of the Secretary, it is not practicable to detain the youth in a detention centre.

(3)  If a youth who is less than 19 years old is detained in a prison or watch-house, the person for the time being in charge of the prison or watch-house must take such steps as are reasonably practicable to keep the youth from coming into contact with any adult detained in that place.

(4)  [Section 25 Subsection (4) amended by No. 1 of 2003, s. 6, Applied:16 Apr 2003] If a youth who is 19 or more years old is refused bail by a justice under section 35 of the , the youth is to be remanded to a prison as if he or she were an adult unless the Secretary determines that the youth is to be remanded to a detention centre.