South Australian Consolidated Acts

YOUNG OFFENDERS ACT 1993 - SECT 63

63—Transfer of youths in detention to other training centre or prison

        (1)         If a youth has been detained in, or remanded to, a training centre pursuant to an order of a court, the Chief Executive may, in such circumstances as the Chief Executive thinks fit, direct that the youth be removed and placed in some other training centre.

        (2)         If a person who is of or above the age of 18 years is detained in, or remanded to, a training centre or any other place pursuant to an order of a court, the person or the Chief Executive on behalf of the person may apply to a Judge of the Youth Court for an order that the person be transferred to a prison for the remainder of the period of detention or remand.

        (3)         The Court will not make an order under subsection (2) unless satisfied that, in the circumstances, a prison would be an appropriate place for the person to be held for the remainder of the period of detention or remand.

        (4)         Where, on application made to a Judge of the Youth Court by the Chief Executive, the Court is satisfied that a person who is of or above the age of 16 years and has been remanded to, or is being detained in, a training centre or any other place pursuant to an order of a court—

            (a)         cannot be properly controlled in that training centre or other place; or

            (b)         has within the period of 14 days preceding the date of the application been found guilty of assaulting a person employed, or detained, in that training centre or other place; or

            (c)         has persistently incited others in the training centre or other place to cause a disturbance; or

            (d)         has escaped or attempted to escape from the training centre,

the Court may, by order, direct that the person be transferred to a prison for the remainder of the period of remand or detention.

        (5)         If the Court is satisfied, on an application under subsection (4), that the person is likely to be a danger to others, the Court may order that the person be held in custody in a prison until the Court has determined the application.

        (6)         The Court may, on the application of the Chief Executive, the person or a guardian of the person, revoke an order made under subsection (4).

        (7)         If a person is held in custody in a prison by order under this section, the Correctional Services Act 1982 applies to and in relation to that person.