Young people in detention
After a magistrate has decided that a young person is to be placed in Lawful control over a person which prevents them leaving. A person under arrest is in police custody and is not free to go. A person in prison is serving a custodial sentence that keeps them confined to the prison grounds., they A document that sets out what a person wants to happen to their money and other property after they die. be taken to the Melbourne Youth Justice Centre, unless The procedure that allows a person who has been charged with an offence to be released from police control or prison until the hearing of the case. Courts can add conditions to bail. For example, they can require that people released on bail promise to come to the court on a set date, or put up an amount of money that they cannot get back if they do not appear as they promised. See also undertaking. has been granted.
The CYF A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. (s 482(2)) states that young people in detention are entitled to:
- have their developmental needs catered for;
- be visited by their family and their lawyer (subject to s 501);
- have reasonable efforts made to meet their medical, religious and cultural needs;
- receive information about the rules of the detention centre, and the rights and responsibilities of the centre’s staff and detained young people;
- complain to the Secretary of the Victorian Government Department of Families, Fairness and Housing or the A public official appointed to investigate citizens’ complaints against government departments and statutory authorities. A specialised ombudsman resolves consumer complaints in a particular industry, for example the banking ombudsman for the banking industry. See also statutory authority. about the standard of care, accommodation or treatment; and
- be informed of the above entitlements.
During the term of the sentence, a young person can be given a permit for temporary leave of absence to work, attend school, participate in a sporting or recreational activity, attend a hospital or medical appointment, attend a funeral, assist the police, seek work or live in specified accommodation (e.g. a hostel) (s 485). The young person must carry the permit at all times during the temporary leave.
Young people and parole
The Youth To free a prisoner after they have served a minimum term, but before the end of their sentence. While on parole the person may be subject to conditions such as having to report regularly to police. Board may order a young A person who has committed a crime. to be released on parole (s 458 CYF Act). The board can cancel parole at any time (s 460). If a young person is sentenced to more than three months at a youth detention centre for a further A criminal act prohibited by state or commonwealth criminal law. An offence is either a summary offence (minor) or an indictable offence (serious). committed during parole, the Youth Parole Board may cancel that parole, even if the period of parole has ended (s 460(4)).
The Youth Parole Board has the power, if cancelling parole, to deduct the time or part of the time spent on parole (having regard to the extent and manner in which the young person complied with the parole order) in determining the unexpired portion of detention (s 460(7)).
The Youth Parole Board has the power to transfer a young person from a youth justice centre to prison in certain circumstances (s 467). In exercising its duties, the Youth Parole Board is not bound by the rules of Rules that courts, other dispute settlement bodies and government officials must follow to ensure that decisions are fair to all parties. Examples include the requirement that decision-makers act fairly, without bias, and the right of all parties involved in a case to present their side of a dispute. See also administrative law. (s 449). This means that, among other things, a young person does not have an automatic right to be heard or represented before the Youth Parole Board.