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YOUTH JUSTICE ACT 2024 - SECT 321

Suspension of community-based order—child in custody

    (1)     If—

        (a)     at the time an order specified in subsection (5) is made in respect of a child, the child is in custody in a youth justice custodial centre or a prison; or

        (b)     after an order specified in subsection (5) is made in respect of a child, the child is taken into custody in a youth justice custodial centre or a prison

the Secretary may suspend the child's service of the order throughout the period of custody by written notice.

    (2)     Notice under subsection (1) must be served on the child.

    (3)     After consultation with the appropriate parole board or the Commissioner for Youth Justice, the Secretary must—

        (a)     determine a time at which, and a date on which, the child is to commence or recommence service of the order; and

        (b)     serve a written notice on the child specifying the time at and date on which the child is first required to report to the Secretary.

Note

Part 8.1 of the Children, Youth and Families Act 2005 deals with the service of documents.

    (4)     With the consent of the appropriate parole board, the Secretary may direct that the term of operation of the order be served concurrently with a period of parole, but that service must not be a condition of the parole.

    (5)     The specified orders are—

        (a)     a good behaviour order; or

        (b)     a community service order; or

        (c)     a probation order; or

        (d)     a youth supervision and support order; or

        (e)     a youth control order.



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