667Secretary may apply to Youth Parole Board to transfer child or young person to prison

667 Secretary may apply to Youth Parole Board to transfer child or young person to prison

(1) The Secretary may apply to the Youth Parole Board for a direction that a child who is 16 years of age or over, or a young person, serving a sentence of detention in a youth justice custodial centre be transferred to a prison to serve the unexpired portion of the period of detention as imprisonment.

This includes a child or young person who has been transferred to a youth justice custodial centre from a prison under section 674—see section 675.

(2) If an application is made under subsection (1), the Secretary must prepare a report for the Youth Parole Board, and if the child was under 18 years of age at the time of engaging in the conduct referred to in subsection (3)(b)(i), the Secretary must include the steps that have been taken to avoid the need to transfer the child to a prison.

(3) The Youth Parole Board may give the direction if—

(a) it considers it appropriate to do so—

(i) taking into account the report from the Secretary; and

(ii) having regard to the antecedents and behaviour of the child or young person; and

(iii) having regard to the age, maturity and stage of development of the child or young person; and

(b) it is satisfied that the child or young person—

(i) has engaged in conduct—

(A) that threatened the security or stability of a youth justice custodial centre; or

(B) that caused serious harm to, or posed a risk of serious harm to, the health, wellbeing or safety of any other person in a youth justice custodial centre or when otherwise in the custody of the Secretary; and

(ii) cannot reasonably be safely and appropriately accommodated and supported in a youth justice custodial centre.

(4) In addition to the matters in subsection (3), in the case of a child who was 18 years of age or over at the time of engaging in the conduct referred to in subsection (3)(b)(i), or a young person, the Youth Parole Board must consider and give primary weight to—

(a) alleviating future risks of serious harm to, and risks to the health and safety of, all persons in a youth justice custodial centre; and

(b) promoting the security and stability of a youth justice custodial centre.