South Australian Consolidated Acts

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YOUNG OFFENDERS ACT 1993 - SECT 36

36—Detention of youth sentenced as adult

        (1)         Subject to any direction of the sentencing court to the contrary, a youth who has been dealt with as an adult and sentenced to imprisonment will serve that sentence in a training centre.

        (2)         If a youth is serving a sentence of imprisonment in a training centre, the sentencing court must, before the youth reaches 18 years of age, review the detention and either direct that the imprisonment in a training centre continue or that the youth be transferred to a prison.

        (3)         Subject to subsection (4), while a youth is serving a sentence of imprisonment in a training centre, this Act applies to the youth, to the exclusion of the Correctional Services Act 1982 , as if the youth had been sentenced to detention in a training centre.

        (4)         The following provisions of the Correctional Services Act 1982 apply to and in relation to a youth who is serving a sentence of imprisonment in a training centre:

            (b)         Division 3 of Part 6 (release on parole) applies to a youth in respect of whom a non-parole period has been fixed, with the following modifications:

                  (i)         a reference to the Board will be taken to be a reference to the Training Centre Review Board;

                  (ii)         a reference to a prisoner will be taken to be a reference to a youth;

                  (iii)         a reference to a prison will be taken to be a reference to a training centre;

                  (iv)         a reference to a community corrections officer will be taken to be a reference to an officer or employee of the Department whose duties include the supervision of youths in the community.

        (5)         If a youth who is on parole attains the age of 18 years—

            (a)         the preceding provisions of this section cease to apply in relation to the youth; and

            (b)         any reference in the parole conditions to the Training Centre Review Board will be taken to be a reference to the Parole Board; and

            (c)         any reference in the parole conditions to an officer of the Department will be taken to be a reference to a community corrections officer.



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