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Transfer of Minors to Adult Prisons

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Overview

Typically, minors are housed in juvenile detention centers until they reach the age of 18. However, under certain circumstances and in specific jurisdictions, individuals under 18 may be transferred to adult prisons. For example, in the Northern Territory, a "repeat offender" who is 17 years old may be moved to an adult prison. In Queensland, 17-year-olds might also be placed in adult prisons, while in regions like New South Wales, Victoria, and Western Australia, circumstances allow for the placement of minors as young as 16 in adult prisons.

The criteria for transferring minors to adult prisons vary among jurisdictions. Common reasons for such transfers include committing serious offences within the detention center, such as assault or escape, or when maintaining control within the juvenile facility becomes untenable. Occasionally, transfers may occur for less severe reasons, such as persistent disruptive behavior. Additionally, children above a certain age may request to be transferred to an adult prison.

In some regions, there are regulations in place to segregate child and adult offenders within adult prisons. However, in certain jurisdictions, the segregation is based on prisoner classifications rather than specifically separating children and adults. Testimonies provided during inquiries, which involve legal experts, youth advocates, and young individuals, shed light on the concerning practice of housing children alongside adult prisoners.

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