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YOUTH JUSTICE ACT 1992 - SECT 227
Release of child after service of period of detention
227 Release of child after service of period of detention
(1) Unless a court makes an order under subsection (2) , a child sentenced to
serve a period of detention must be released from detention after serving 70%
of the period of detention.
(2) A court may order a child to be released from
detention after serving 50% or more, and less than 70%, of a period of
detention if it considers that there are special circumstances, for example to
ensure parity of sentence with that imposed on a person involved in the same
or related offence.
(3) However, a court may not make an order under
subsection (2) if— (a) the child has, at any time, been found guilty of a
terrorism offence; or
(b) the child is the subject of a Commonwealth control
order; or
(c) the court is satisfied the child has promoted terrorism.
(4)
If the child is entitled under section 218 to have a period of custody pending
the proceeding (the
"custody period" ) treated as detention on sentence, the period before the
child is released under this section must be reduced by the custody period.
Example— C is sentenced to 10 weeks detention. C spent 2 weeks on remand
before sentence. The chief executive must make a supervised release order
releasing the child 5 weeks after sentence, which is 70% of 10 weeks with a
further reduction of 2 weeks.
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