Section 376 — Children, Young Persons, and Their Families Act 1989: Court may authorise continued detention in secure care

376 Court may authorise continued detention in secure care (1) If, on an application under section 371 of this Act in respect of a child or young person, the Court is satisfied that it is necessary, on either or both of the grounds specified in section 368 of this Act, to detain the child or young person in secure care, the Court may grant an approval authorising the continued detention of the child or young person in secure care. (2) In considering an application under section 371 of this Act, the Court may take into account any oral or documentary material that the Court considers relevant, whether or not it would be admissible in a Court of law. (3) On granting an approval under subsection (1) of this section, the Court— (a) Shall record in writing the reasons for granting the approval; and (b) May impose such conditions relating to the continued detention of the child or young person in secure care as the Court thinks fit. (4) Subject to subsection (5) of this section, an approval granted under subsection (1) of this section shall be valid for a period of 14 days commencing on the day on which it is granted, or such shorter period as the Court may specify. (5) Notwithstanding subsection (4) of this section, where an application under section 371 of this Act relates to a child or young person who is remanded, by the High Court or a District Court, in the custody of the chief executive pursuant to subsection (4B) or (5A) of section 142 of the Criminal Justice Act 1985 , the Court may grant an approval under subsection (1) of this section for such period (being more than 14 days but not more than 28 days) as the Court shall specify, in any case where the Court is satisfied that, because of the length of time for which the child or young person is likely to be detained in the chief executive's custody, the public interest so requires. Any approval so granted shall be valid for the specified period commencing on the day on which it is granted. Subsection (4) was amended, as from 8 January 1995, by section 42(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by inserting “ Subject to subsection (5) of this section, ” . Subsection (5) was inserted, as from 8 January 1995, by section 42(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121). Subsection (5) was amended, as from 1 October 1999, pursuant to section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” . Subsection (5) was amended, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38) by substituting “ subsection (4B) or (5A) ” for “ subsection (4) or subsection (5A) ” . See section 75 of that Act as to the savings provisions.