Depending on certain circumstances a youth can be detained at home on home detention, if granted, or secure care (i.e. a youth training centre).
The Adelaide Youth Training Centre located at Cavan provides secure care for males and females aged 10 to 18 years on detention orders imposed by the court or on remand awaiting a hearing.
Shortly after arriving at the centre a panel draws up an individual program for each youth. This usually covers matters such as education, workshop training, recreational interests and family and community involvement. The youth's progress and circumstances must be reviewed at least every six months by the Training Centre Review Board [see Young Offenders Act 1993 (SA) s 39].
The Training Centre Review Board may, with certain conditions, authorise the youth's release before the full term of detention is served. This is known as conditional release [see Young Offenders Act 1993 (SA) s 41A]. Two-thirds of the sentence must be served before the youth is eligible for early release. However, if the Training Centre Review Board (on its own initiative) releases a youth to home detention under section 41B the provision requiring that two-thirds of the sentence have been served does not apply [s 41A(3a)].
The following conditions will apply to a youth on their release [see s 41A(2)(c)]:
- not commit any offence;
- be under the supervision of an officer of the Department and obey their directions;
- be prohibited from possessing a firearm or ammunition;
- submit to gunshot residue testing as reasonably required; and
- any other condition that the Board thinks fit.
The Training Centre Review Board may also make it a condition of release that the youth surrender any firearm, ammunition (or ammunition part) owned or possessed by the youth [s 42A].
If any of the conditions are breached the youth may be returned to the training centre to serve out the remainder of the original detention order [s 41C].
Where a young offender has been declared to be a recidivist young offender they are ineligible for conditional release until they have served at least four-fifths of their sentence [s 41A(3)] (see also Sentencing by the Youth Court). However, if the Training Centre Review Board (on its own initiative) releases a recidivist young offender to home detention under section 41B the provision requiring that four-fifths of the sentence have been served does not apply [s 41A(3a)].
Specific provisions also apply in relation to the release of young offenders who are also considered to be terror suspects (as defined in section 4(1) of the Young Offenders Act 1993 (SA)) - see section 43 of the Young Offenders Act 1993 (SA).
Most youths who do not pay fines are given the option of undertaking a work program on a non-residential basis instead of being placed in secure care.
Once a youth reaches 18 years, upon application to a Judge of the Youth Court they can be transferred to an adult prison if the court is satisfied that a prison would be an appropriate place for that person to be held for the remainder of the period of their detention order [see Young Offenders Act 1993 (SA) ss 63(2),(3)].
Section 64(3) of the Young Offenders Act 1993 (SA) provides for transfer of a youth of 17 years or older to a prison for the remainder of their period of remand or detention. This is done on application by the Chief Executive to the Youth Court. The court must not make such an order unless satisfied that the person who is the subject of the application [s 64(4)]:
- cannot be properly controlled in the training centre; or
- has within the period of 14 days preceding the application, been found guilty of assaulting an employee of a training centre or another detainee; or
- has persistently incited others to create a disturbance in the training centre; or
- has escaped or attempted to escape from a training centre.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.