D.02.01 Young Prisoners Remanded in CYFS Residences

Authority For Policy

• Criminal Justice Act 1985, s142
• Children, Young Persons, and Their Families Act 1989, sections 364, 368.
• Children and Young Persons (Residential Care) Regulations 1996.
• Agreement on matters relating to children and young persons between the Department of Corrections and the Department of Child, Youth and Family Services Services.

Target Population

Young prisoners remanded into CYFS custody by the Court

Remand Provisions

1. No person under the age of 16 years shall be remanded to a prison pending the hearing or trial of any charge or pending sentence (s142(1) of the Criminal Justice Act 1985 (CJAct)). In such circumstances the Court may remand the person in the custody of the Chief Executive of Child, Youth and Family Services and the Chief Executive has custody of that person.
2. A person who has attained the age of 16 years but is not yet 17 years can only be remanded to a prison where she/he is charged with, or has been convicted of, a purely indictable offence (s142(2) of CJAct). A person of this age may also be remanded by the Court into the custody of the Chief Executive of Child, Youth and Family Services, if the Chief Executive is willing and able to receive the young prisoner. In such cases the provisions of clause 4.2 of the Agreement will apply as appropriate.
   Note: There is also provision in section 142 (4) and (4A) of the CJAct for a person aged between 17 and 20 years to be:
   • detained in a Prison (if no other course is desirable, having regard to all the circumstances); or

   • remanded in the custody of the Chief Executive of Child, Youth and Family Services if the Chief Executive is willing and able to receive the person. However, it is unlikely that the Chief Executive of the Department of Child, Youth and Family Services would accept such remands, as the Department’s resources are generally not suitable for the placement and management of persons of 17 years and over.

3. Where any person is remanded into the custody of the Chief Executive of Child, Youth and Family Services that person may be placed in any Residence established under the Children, Young Persons, and their Families Act 1989 or under the care of any suitable person pursuant to that Act (s142(5) of the CJAct).
4. The Prison Manager of the relevant receiving prison will in consultation with Child, Youth and Family Services, the Community Probation Service and any other relevant agency, prepare a sentence management plan for every under 17 year old offender who is either detained in a Prison or in the custody of the Chief Executive of Child, Youth and Family Services. Those agencies will continue to co-operate at the pre-sentence, pre-release and post-release stages of the offender management process, as may be appropriate to the offender’s circumstances.