New South Wales Consolidated Acts

CHILDREN (DETENTION CENTRES) ACT 1987 - SECT 9

9 Persons on remand and persons subject to control to be detained in detention centres

(1) Except as otherwise provided by this Act, persons on remand and persons subject to control shall be detained in detention centres.

(2) While a regulation referred to in section 5 is in force, a person shall, so far as is reasonably practicable, be detained in a detention centre that is appropriate to the class of person to which that person belongs.

(3) Notwithstanding subsection (1), a person on remand may be detained in a police station, during the period between the person’s being charged with an offence and the person’s first appearing before a court in or in connection with proceedings for the offence, but only if it is impracticable for the person to be detained in a detention centre during that period.

(4) A child who is detained in a police station under subsection (3) shall, so far as is reasonably practicable, be detained separately from any adults detained there.

(5) This section does not limit the operation of sections 28A, 28B and 28BA of this Act and the Crimes (Sentencing Procedure) Act 1999 .