Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 477

Person in prison sentenced to detention in youth justice centre

    (1)     If—

        (a)     a person is serving a sentence of imprisonment in a prison; and

        (b)     before the end of that sentence of imprisonment he or she is sentenced to a period of detention in a youth justice centre to be served cumulatively on the sentence of imprisonment—

service of the period of detention is suspended until that person has served the sentence of imprisonment.

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

    (3)     The Youth Parole Board may, before a person is released from prison, whether under a parole order made by the Adult Parole Board in respect of the sentence of imprisonment or otherwise, direct that at the end of the sentence of imprisonment, the person must serve the whole of the period of detention (if it was to be served cumulatively on the sentence of imprisonment) or the unexpired portion (if any) of it (if it was to be served concurrently with the sentence of imprisonment) as imprisonment in a prison.

    (4)     If under subsection (3) the period of detention is to be served as imprisonment in a prison, the person is, in respect of that 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 may at any time release the person on parole.

    (5)     If—

        (a)     under subsection (3) a person is serving a period of detention as imprisonment in a prison; and

        (b)     a warrant for the detention of the person in a youth justice centre in default of payment of a fine or sum of money is executed—

the Youth Parole Board may direct that the person be imprisoned in default of payment of the fine or sum of money.

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

Part 5.7—Establishment of corrective services for children



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