Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 475

Person in youth justice centre sentenced to imprisonment

    (1)     If a person

        (a)     has been sentenced to detention in a youth justice centre; and

        (b)     before the end of that sentence is sentenced to a term of imprisonment in respect of any offence—

the Youth Parole Board may direct that the person must serve the unexpired portion of the period of detention as imprisonment in a prison and thereafter the person is subject to the jurisdiction of the Adult Parole Board as if the period of detention served by him or her before that sentence of imprisonment or his or her release on parole by the Youth Parole Board had been a non-parole period.

    (2)     If a person

        (a)     has been sentenced to detention in a youth justice centre; and

        (b)     before the end of that sentence is sentenced by a court to a term of imprisonment to be served cumulatively on the sentence of detention—

service of the sentence of detention must be suspended until that person has served the sentence of imprisonment.

    (3)     Despite anything to the contrary in any Act, every sentence of imprisonment 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 detention in a youth justice centre imposed on that person, whether before or at the time the relevant sentence was imposed.

    (4)     If a person undergoing a sentence of detention in a youth justice centre is brought before a court under section 490 or under any warrant or order of the Magistrates' Court, that person is, subject to sub-section (2), deemed to be continuing to serve the sentence of detention which that person is then undergoing even if he or she is held in custody in a prison, police gaol or other place that is not a youth justice centre.

    (5)     If a person who is sentenced to detention in a youth justice centre is at that time being held in custody in a prison, police gaol or other place that is not a youth justice centre, that person is, subject to sub-section (2), deemed to be serving that sentence of detention even if he or she is being held in custody otherwise than in a youth justice centre.

    (6)     If—

        (a)     a person is in a prison under sub-section (1) serving the unexpired portion of a sentence of detention as imprisonment; 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 further direct that the person be imprisoned in default of payment of the fine or sum of money.



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