South Australian Consolidated Acts South Australian Consolidated Acts41C—What happens if youth fails to observe condition of release
(1) If a police
officer or the Minister considers that a youth has failed to observe any
condition imposed by the Training Centre Review Board under this Subdivision,
the police officer or the Minister (as the case may be) (the
"applicant") may apply to the Board for an order that the youth be returned to
a training centre.
(2) Subject to
subsection (3), the applicant must cause a copy of an application under
subsection (1) to be served on the youth and a guardian of the youth, and
the application must be endorsed with a notice of the place, date and time for
the hearing of the application.
(3) If the applicant
believes on reasonable grounds that, if served with any such application, the
youth would be likely to abscond, the applicant may apply to the
Youth Court—
(a) to
issue a warrant for the apprehension of the youth; and
(b) to
dispense with service of the application.
(4) The Court will not
grant an application under subsection (3) unless satisfied, by
information given on oath, that there are reasonable grounds to believe that,
if served with the application, the youth would be likely to abscond.
(a) a
youth on whom an application is to be served cannot be found; or
(b) a
youth, having been served with the application, fails to attend before the
Training Centre Review Board on an application,
a member of the Board may apply to the Youth Court for a warrant for the
apprehension of the youth or may, with the concurrence of a second member of
the Board, issue such a warrant.
(6) The Court must, on
application under subsection (5), issue a warrant for the apprehension of
the youth unless it is apparent, on the face of the application, that no
reasonable grounds exist for the issue of the warrant.
(7) A warrant issued
under this section authorises the apprehension of the youth referred to in the
warrant by a police officer or an officer of the Department authorised for the
purpose.
(8) A youth who has
been apprehended on a warrant issued under this section must be brought before
the Training Centre Review Board as soon as reasonably practicable, and may be
detained by the Chief Executive in any place (other than a prison) approved by
the Minister until brought before the Board.
(9) The Training
Centre Review Board may order that a youth who has been brought before the
Board under this section be returned to detention under the original order if
satisfied that the youth has contravened a condition.
(10) If a youth is
returned to detention under the original order—
(a) he
or she is liable to serve the balance of the sentence unexpired as at the date
on which the breach of condition occurred; and
(b) the
youth will be taken to have been serving that balance of sentence during any
period spent in custody pending determination of the proceedings for breach of
condition.
(11) However, instead
of exercising its powers under subsection (9), the
Training Centre Review Board may impose a further condition on the youth's
release requiring the youth to perform a specified number of hours of
community service if the Board is of the opinion that the breach of condition
was not so serious as to warrant returning the youth to detention.