Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 244B

Person transferred from prison to YTC or YRC may be transferred back to prison23

244B. Person transferred from prison to YTC or YRC may be transferred back to
prison23



(1) The Youth Parole Board may direct that a person aged 16 years or more who
has been transferred to-

   (a)  a youth training centre under section 244(1); or

   (b)  a youth residential centre under section 244A(1)-

and is currently detained in a youth training centre, be transferred to a
prison to serve the unexpired portion of the period of his or her sentence.



(2) The Youth Parole Board may only make a direction under sub-section (1) in
respect of a person if the Board considers the direction appropriate, having
regard to-

   (a)  the antecedents and behaviour of the person; and

   (b)  the length of the unexpired portion of the person's sentence; and

   (c)  the age and maturity of the person; and

   (d)  a report from the Secretary.





(2A) A report from the Secretary under sub-section (2)(d) must set out the
steps that have been taken to avoid the need to transfer the person concerned
to prison.

(3) The Secretary must cause the physical removal of a person from a
youth training centre to a prison on the direction of the Youth Parole Board
under this section.

(4) A person directed to be transferred under this section, while being
removed from a youth training centre to a prison, is deemed to be in the legal
custody of the officer having the custody of that person and acting under the
direction of the Youth Parole Board and that officer must deliver that person
into the legal custody of the Secretary to the Department of Justice.

(5) A member of the police force may, if requested to do so by the Secretary,
assist the officer referred to in sub-section (4) in the discharge of his or
her duties under that sub-section and, in that case, the person being
transferred is deemed to be in the legal custody of the Chief Commissioner of
Police.

(6) A person transferred to a prison under this section becomes, on transfer,
subject to the jurisdiction of the Adult Parole Board for the unexpired
portion of the term of his or her sentence and that sentence is to be treated
for all purposes as a sentence of imprisonment.

(7) In determining whether to release a person on parole, the
Adult Parole Board may take into account the periods which the person has
spent in a youth training centre and a youth residential centre.

Subdivision 6-General