YOUTH JUSTICE ACT 2005 - SECT 164 Detainee who becomes an adult
YOUTH JUSTICE ACT 2005 - SECT 164
Detainee who becomes an adult(1) A detainee who turns 18 years of age while serving a sentence of detention, or on remand in custody, in a detention centre must, within 28 days after turning that age, be transferred to a custodial correctional facility to serve the remainder of the sentence or period of remand.
(2) If a detainee is transferred to a custodial correctional facility under subsection (1), the order of the Court sentencing the youth to a period of detention in a detention centre is taken to be an order sentencing him or her to a term of imprisonment for the period remaining to be served under the order.
(3) The fact that the detainee has turned 18 years of age does not otherwise affect an order made under section 83 in respect of him or her.
(4) The CEO may direct that subsection (1) does not apply in relation to a particular youth:
(a) whose sentence has 6 months or less remaining to be served; or
(b) if the youth is remanded in custody – for a period not exceeding 6 months or for the remainder of the period of remand (whichever is the lesser).
(5) When deciding whether to give a direction under subsection (4), the CEO:
(a) must have regard to the interests of other detainees as well as the interests of the particular youth; and
(b) may have regard to any other matters the CEO considers appropriate.
(6) A direction under subsection (4) is not subject to appeal or review in any court or tribunal.