Australian Capital Territory Consolidated Acts

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CORRECTIONS MANAGEMENT ACT 2007 - SECT 33

Detention in court cells

    (1)     This section applies to a person who is—

        (a)     in the director-general's custody but not admitted as a detainee at a correctional centre; and

        (b)     required to attend a court.

    (2)     The director-general may direct that the person be detained at a court cell in the custody of a corrections officer for the purposes of the person's attendance at the court.

Note     If the person is a young offender who is under 18 years old, he or she must not be placed in a room with an adult who is under detention (see Children and Young People Act 2008 , s 100).

    (3)     However, the person must not be detained continuously at a court cell for a period longer than the following period (the allowed period ):

        (a)     for a detainee (other than a young detainee)—36 hours;

        (b)     for a young detainee—12 hours.

    (4)     If the person is required to remain in detention for a period longer than the allowed period for the court attendance, the director-general must—

        (a)     arrange for the person's admission to a correctional centre; and

        (b)     keep the person in custody under full-time detention for the attendance; and

        (c)     take the person to the court as required by the court.

    (5)     While detained at a court cell under this section—

        (a)     a detainee (other than a young detainee) is taken to be a detainee for all purposes under this Act; and

        (b)     a young detainee is taken to be a young detainee for all purposes under the Children and Young People Act 2008 .



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