New South Wales Consolidated Acts

CHILDREN (DETENTION CENTRES) ACT 1987 - SECT 28A

28A Certain children may be remanded in correctional centres

(1) This section applies to a child of or above the age of 16 years who is:

(a) a child (including a detainee) charged with an indictable offence, or

(b) a detainee subject to a detention order relating to an indictable offence and is charged with a detention centre offence (as defined in section 28C) or an indictable offence.

(2) In any criminal proceedings against a child to whom this section applies a court may remand the child to a correctional centre pending the commencement of the hearing of the proceedings or during any adjournment of the hearing, but only if:

(a) the person by whom the proceedings were commenced or the Director-General applies for such a remand, and

(b) the child is not released on bail under the Bail Act 1978 , and

(c) the court is of the opinion that the child is not a suitable person for detention in a detention centre.

(3) The Children’s Court may at any time on the application of the Director-General remand a child as referred to in subsection (2), subject to the requirements of paragraphs (b) and (c) of that subsection.

(4) Section 28E makes provision for the matters to be taken into account in deciding whether a person is suitable for detention in a detention centre.