Part 132—Service of sentences of detention and sentences of imprisonment

Part 13.2—Service of sentences of detention and sentences of imprisonment

682 Child or young person in youth justice custodial centre sentenced to term of imprisonment—presumption of concurrent service of sentences

(1) Despite anything to the contrary in this Act or any other Act (other than the Sentencing Act 1991 or the Charter of Human Rights and Responsibilities), every sentence of imprisonment imposed on a child or young person by a court, as from the date of its commencement, must be served concurrently with any uncompleted sentence or sentences of detention in a youth justice custodial centre imposed on that child or young person, whether before or at the time the relevant sentence was imposed, unless otherwise directed by the court at the time of pronouncing the sentence.

(2) If the court directs that a sentence of imprisonment be served cumulatively on any uncompleted sentence or sentences of detention in a youth justice custodial centre, service of the sentence of detention must be suspended until the child or young person has served the sentence of imprisonment.

683 Child or young person in prison sentenced to term of detention in youth justice custodial centre—presumption of concurrent service of sentences

(1) Despite anything to the contrary in this Act or any other Act (other than the Charter of Human Rights and Responsibilities), every sentence of detention in a youth justice custodial centre imposed on a child by the Children's Court must be, as from the date of its commencement, served concurrently with any uncompleted sentence or sentences of imprisonment imposed on that child, whether before or at the time the relevant sentence was imposed, unless otherwise directed by the Court at the time of pronouncing the sentence.

(2) Subject to section 33 of the Sentencing Act 1991, every sentence of detention in a youth justice custodial centre imposed on a child or young person by a court must be, as from the date of its commencement, served concurrently with any uncompleted sentence or sentences of imprisonment imposed on that child or young person, whether before or at the time the relevant sentence was imposed, unless otherwise directed by the court at the time of pronouncing the sentence.

(3) If the Children's Court or another court does direct that a sentence of detention be served cumulatively on any uncompleted sentence or sentences of imprisonment, service of the sentence of detention must be suspended until the child or young person has served the sentence of imprisonment.

(4) 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 prison on parole.