CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 483 Legal custody
CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 483
Legal custody(1) A person who is detained in a remand centre, youth residential centre or youth justice centre is deemed to be in the legal custody of the Secretary while so detained.
S. 483(1A) inserted by No. 5/2006 s. 17(1)(b), substituted by No. 32/2018 s. 113.
(1A) A person who is detained in a remand centre, youth residential centre or youth justice centre under Part 2AA of the Terrorism (Community Protection) Act 2003 under section 13AR of that Act pursuant to a police detention decision (within the meaning of that Act), or under an order referred to in section 13WA(5) of that Act, ceases to be in the legal custody of the Secretary—
(a) during any time when the person is in the legal custody of the Chief Commissioner of Police under section 6D of the Corrections Act 1986 ; or
(b) when the Secretary acting under lawful direction or authority, or in accordance with an Act, releases the person from the legal custody of the Secretary.
(2) As soon as possible after a person is received into a youth residential centre or youth justice centre to serve the whole or a part of a sentence of detention, the officer in charge of the centre may take photographs of the person for the purpose of identifying the person and compiling records of detainees.