1048Power to return accused to youth justice custodial centre

1048 Power to return accused to youth justice custodial centre

(1) In the heading to section 333 of the Criminal Procedure Act 2009, after "justice" insert "custodial".

(2) In section 333(1) of the Criminal Procedure Act 2009—

(a) in paragraph (a), after "justice" insert "custodial";

(b) in paragraph (c), for "Human Services" substitute "Justice and Community Safety".

(3) For section 333(3) of the Criminal Procedure Act 2009 substitute—

"(3) This section does not apply if the accused is 18 years of age or over and the court is satisfied—

(a) of any of the following—

(i) the offence charged is serious and violent;

(ii) the accused has threatened or attempted to engage in conduct in a youth justice custodial centre, or in the custody of the Secretary to the Department of Justice and Community Safety, that the court considers to be serious and violent;

(iii) the accused has engaged in conduct that threatens the security or stability of a youth justice custodial centre; and

(b) that the Secretary to the Department of Justice and Community Safety is not reasonably able to safely and appropriately accommodate and support the person in a youth justice custodial centre.".

S. 1048A inserted by No. 54/2025 s. 29.