327Maximum period of a youth justice custodial order

327 Maximum period of a youth justice custodial order

(1) Subject to this section, sections 34 and 35 of the Sentencing Act 1991 apply to an order made by the Children's Court detaining a child in a youth justice custodial centre as if a reference to the Magistrates' Court included a reference to the Children's Court.

(2) The period of detention under a youth justice custodial order made in respect of a child—

(a) in the case of a child who is under 15 years of age on the day of sentencing—must not exceed the maximum term of imprisonment for the offence if committed by an adult and in any event must not exceed one year; and

(b) in the case of a child who is 15 years of age or over but under 21 years of age on the day of sentencing—must not exceed the maximum term of imprisonment for the offence if committed by an adult and in any event must not exceed 3 years.

(3) If a child is found guilty on the same day, or in the same proceeding, of more than one offence—

(a) subject to subsection (4), any period of detention in a youth justice custodial centre is to be concurrent with any period of detention in respect of any of the other offences, unless the Children's Court, at the time of sentencing, states that the sentences are cumulative, or part cumulative, and gives reasons for its decision; and

(b) the total period of detention in a youth justice custodial centre in respect of all of the offences must not exceed—

(i) in the case of a child who is under 15 years of age on the day of sentencing—2 years; and

(ii) in the case of a child who is 15 years of age or over but under 21 years of age on the day of sentencing—4 years; and

(c) if the Children's Court makes a youth justice custodial order and the child has not completed another sentence of detention in a youth justice custodial centre, the Court may direct that the youth justice custodial order being imposed be served—

(i) concurrently with the other sentence; or

(ii) wholly or partly cumulatively on the other sentence.

(4) If one or more of the offences referred to in subsection (3) is—

(a) an offence involving an assault on a youth justice custodial worker on duty; or

(b) an offence against section 533; or

(c) an offence involving property damage to a youth justice custodial centre—

any period of detention imposed on the child for that offence or those offences must be served wholly or partly cumulatively with any period of detention in respect of any of the other offences, unless the Children's Court, at the time of sentencing, states that the sentences are concurrent and gives reasons for its decision.