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.