680Child or young person in prison sentenced to detention in youth justice custodial centre

680 Child or young person in prison sentenced to detention in youth justice custodial centre

(1) This section applies to a child or young person serving a sentence of imprisonment, whether in accordance with a sentence imposed by a court or a transfer direction under this Part, who is sentenced to a period of detention in a youth justice custodial centre before the end of that sentence of imprisonment.

(2) Before the child or young person is released from the prison, whether under a parole order made by the Adult Parole Board in respect of the sentence of imprisonment or otherwise, the Secretary may apply to the Youth Parole Board for a direction that—

(a) at the end of the first sentence of imprisonment, the child or young person serve the whole of the period of the subsequent sentence of detention (if it was to be served cumulatively on the sentence of imprisonment) as imprisonment; or

(b) at the end of the first sentence of imprisonment, the child or young person must serve the unexpired portion (if any) of the period of the subsequent sentence of detention (if it was to be served concurrently with the first sentence of imprisonment) as imprisonment.

See section 683 in respect of sentences of detention imposed concurrently or cumulatively on sentences of imprisonment.

(3) On an application under subsection (2), the Youth Parole Board may give the direction if it considers it appropriate to do so, having regard to the antecedents and behaviour of the child or young person.

(4) The Youth Parole Board may also give a direction under subsection (3) on its own initiative.

(5) If a direction is given under this section, the child or young person is, in respect of the imprisonment, subject to the jurisdiction of the Adult Parole Board and, whether or not a non‑parole period has been set in respect of that imprisonment, the Adult Parole Board, at any time, may release the child or young person on parole.

(6) This section does not apply to or in relation to a child or young person who is sentenced to a period of detention in a youth justice custodial centre while that child or young person is released from a prison on parole.