Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 131

    (1)     A young offender who is apprehended under a warrant under section 130 must, as soon as practicable, be brought before—

        (a)     if the young offender is 18 years old or older—the Magistrates Court; or

        (b)     in any other case—the Childrens Court.

    (2)     The Magistrates Court or Childrens Court may order that the young offender—

        (a)     be delivered to the custody of a transfer escort; or

        (b)     be detained for not longer than 7 days until a transfer escort is available from the sending State to carry out the transfer arrangement or an order made by a court of the State.

    (3)     If a young offender who is the subject of an order made by a magistrate is not, under the order, delivered into the custody of a transfer escort before the end of 7 days after the day the order is made, the order has no further effect.

    (4)     If an order ceases to have further effect under subsection (3), a further order may be made under subsection (2).

    (5)     In this section:

"transfer escort", for a young offender being transferred through the ACT from a State to another State under a transfer agreement, means—

        (a)     the transfer escort authorised by the transfer agreement to have custody of the young offender; or

        (b)     if the young offender has escaped or attempted to escape—1 or more of the following people:

              (i)     the transfer escort;

              (ii)     a police officer of the sending State;

              (iii)     a person appointed in writing by the Minister of the sending State, or a person authorised to enter into a transfer arrangement for that Minister, to be a transfer escort to carry out an order of a court of the sending State.