Transferring from youth detention to adult prison
Your child may be transferred to an adult prison if they become an adult while they are in detention.
If your child is on remand
Our Youth Justice officers may give your child a prison transfer notice if your child:
- turns 17 years and 10 months while they are on remand in a youth detention centre
and
- meets particular criteria.
This form will include information about the date they will be transferred. They can only be transferred after their 18th birthday.
We will give your child time to talk to a lawyer about the transfer. If your child is not happy about the transfer, they can apply for the Childrens Court to review the decision.
If the transfer goes ahead, our officers will help your child prepare for their transfer to an adult prison.
If your child has been sentenced
If turning 18 while on a detention order
Our Youth Justice officers will give your child a prison transfer direction if your child:
- turns 18 while serving a period of detention
- will have 2 months or more left to serve of their detention order after their 18th birthday
and
- meets particular criteria.
This form will include information about the date they will be transferred.
We will also give your child information about how they can apply for a temporary delay of transfer and they will have time to talk to their lawyer.
Your child may apply for a temporary delay of transfer either:
- to a court on the day of sentencing
- to the department after receiving their prison transfer direction and within 5 days of talking to their lawyer.
If their application it not successful, your child will have time to speak to their lawyer again before the transfer happens.
If your child is not happy about the outcome of a decision made by the department, they can apply for the Childrens Court to review of the decision. However, decisions made by the court can’t be challenged.
Our officers will help your child prepare for the transfer from youth detention to an adult prison.
If 18 or older when sentenced
We will issue a prison transfer direction to transfer your child to an adult prison if they:
- are at least 18, but less than 18 and 6 months, when sentenced to a period of detention
and
- have 2 months or more left to serve in custody.
Your child may apply for a temporary delay of the transfer to an adult prison.
The application can be made:
- to a court on the day of sentencing
- when your child receives their prison transfer direction.
If the application is made when they are sentenced and refused by the court, your child will be transferred immediately to prison.
A Youth Justice officer will speak with you and your child about this matter throughout the pre-sentence report interviews if it seems likely your child will be subject to a prison transfer.
Your child will immediately serve their sentence in an adult prison if they:
- are 18 and 6 months old or older when sentenced
- receive a detention order that requires them to serve actual custody (i.e. more time in a detention centre that has not been served while on remand before they are released on a supervised release order.
Your child cannot apply for a temporary delay if they are 18 and 6 months or older.
Temporary delay of transfer
A temporary delay of transfer means that your child may stay in the detention centre for longer, before transferring to adult prison.
If a temporary delay of transfer is approved, a new transfer date must be given.
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