333. Power to return accused to youth justice centre

333. Power to return accused to youth justice centre

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

(a) the accused in a criminal proceeding in the Magistrates' Court is undergoing a sentence of detention in a youth justice centre; and

(b) the Magistrates' Court adjourns the proceeding or commits the accused to stand trial—
the court may, instead of remanding the accused in custody—

(c) direct that the accused 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 accused 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 accused be brought before the Magistrates' 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 accused is released from custody, whether on parole or otherwise.

Note

Section 5A of the Bail Act 1977 provides equivalent powers to the Supreme Court and the County Court.