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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 146 Escape from temporary control

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 146

Escape from temporary control

(1)     A young offender who escapes from the temporary control of an escort while being transferred through the Territory from a State to another State by an escort in accordance with an agreement may be apprehended by a person without a warrant.

(2)     If a young offender being transferred through the Territory from a State to another State in the temporary control of an escort

        (a)     escapes and is apprehended; or

        (b)     attempts to escape;

the young offender may be taken before a magistrate.

(3)     The magistrate may, by warrant, order the young offender to be detained in temporary control at an institution.

(4)     A warrant may be executed according to its tenor.

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

        (a)     for a young offender who is of or over the age of 18 years—the Magistrates Court; or

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

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

        (a)     be delivered to the temporary control of an escort; or

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

(7)     If a young offender who is the subject of an order made by a magistrate is not, in accordance with the order, delivered into the temporary control of an escort within 7 days after the making of the order, the order has no further effect, but nothing in this section prevents a further order from being made under subsection (6).

(8)     A reference in subsection (6) or (7) to an escort for a young offender being transferred through the Territory from a State to another State under an agreement is a reference—

        (a)     to the escort authorised by the agreement to have temporary control of the young offender; or

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

              (i)     the escort;

              (ii)     a member of the police force of the sending State;

              (iii)     a person appointed in writing (by the Minister of the sending State or a person authorised to enter into an agreement on behalf of that Minister) to be an escort for the purpose of carrying out an order of a court of the sending State.