Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 49

Power to return defendant to youth justice centre

49. Power to return defendant to youth justice centre



(1) Despite anything in the Bail Act 1977, if-



   (a)  the defendant in a criminal proceeding is undergoing a sentence of
        detention in a youth justice centre; and



   (b)  the Court adjourns the proceeding or commits the defendant to stand
        trial-

the Court may, instead of remanding the defendant in custody-

   (c)  direct that the defendant be returned to the custody of the Secretary
        to the Department of Human Services until the end of the sentence of
        detention or the resumption of the hearing or the commencement of the
        trial (whichever is the sooner); and

   (d)  either-

   (i)  grant the defendant bail on a special condition that bail is not to be
        entered until the end of the sentence of detention; or

   (ii) refuse bail and direct that the defendant be brought before the Court
        at a later date for it to consider the granting of bail.

(2) For the purposes of this section the end of the sentence of detention
means the time when the defendant is released from custody, whether on parole
or otherwise.