Criminal Justice Act 2006

154

Substitution of section 198 of Act of 2001.

154.— The following section is substituted for section 198 of the Act of 2001:

“Transfer between schools.

198.— (1) The Minister may direct the transfer of a child detained in a children detention school to another such school to serve the whole or any part of the remainder of the child’s period of detention if—

(a) the school to which the child is transferred caters, in accordance with the provisions of this Part, for that class of child, or

(b) the Minister considers that the transfer is necessary in the interests of the good governance of children detention schools,

and, in either case, the school to which the child is transferred provides the conditions and facilities necessary for it to achieve its principal object in the case of the child.

(2) Before giving a direction under this section, the Minister shall consult the Directors of the children detention schools from and to which it is desired to transfer the child so as to ascertain whether the transfer would be in the child’s interests or whether another course should be adopted in respect of the child.

(3) A direction under subsection (1) may be given at the request of the Director of a children detention school and, if so given, this section shall apply in relation to the direction with the necessary modifications.”.