Text as at 1 July 2026

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333 Power to return accused to youth justice centre

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Explained inBill clause 333

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

S. 333(1) amended by No. 43/2017 s. 36(1).

(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 for trial—

S. 333(1)(b) amended by No. 5/2025 s. 35.

the court may, subject to subsection (3), 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 condition that bail is not to be entered until the end of the sentence of detention; or

S. 333(1)(d)(i) amended by No. 70/2010 s. 36.

(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.

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

(3)If the Secretary to the Department of Justice and Regulation in a criminal proceeding objects to the accused being returned to a youth justice centre under subsection (1), the court may only order that the accused is to be returned to the youth justice centre if the court has considered—

S. 333(3) inserted by No. 43/2017 s. 36(2), amended by No. 3/2018 s. 27.

(a)the antecedents and behaviour of the accused; and

(b)the age and maturity of the accused; and

(c)any evidence of the behaviour of the accused in custody; and

(d)whether an application has been made to the Youth Parole Board regarding the custody of the accused; and

(e)any other relevant factor.