Western Australian Current Acts Western Australian Current Acts (1) Subject to the
Bail Act 1982 —
(a) a
young person who is under 18 years old may be detained in a detention centre
during the period for which the person has been remanded by a court, or during
the period of the person’s detention on committal for trial in the
Supreme Court or the District Court; and
(b) a
young person who has reached the age of 18 years must not be detained in a
detention centre during either of the periods described in paragraph (a)
unless a direction under section 21A(1) or 178B(1) in respect of the young
person is in force.
(2) If a young person
reaches the age of 18 years while detained in a detention centre as described
in subsection (1)(a), the chief executive officer must transfer the young
person to a prison under the Prisons Act 1981 unless a direction under
section 21A(1) or 178B(1) in respect of the young person is in force.
(3) A transfer under
subsection (2) must be made within 30 days after —
(a) the
day on which the young person reaches the age of 18 years; or
(b) if
the chief executive officer revokes under section 21A(3) or 178B(3) a
direction in respect of the young person — the day on which the
direction is revoked.
(4) A failure to
comply with subsection (3) does not invalidate the transfer.
(5) A young person
transferred to a prison under subsection (2) is taken to be an adult prisoner
on remand.
[Section 21 amended: No. 15 of 2023 s. 6.]