93 (1) A young person who is detained under the federal Act or the Young Offenders Act (Canada) in a place of temporary detention shall be detained in a place of open temporary detention unless a provincial director determines under subsection (2) that the young person is to be detained in a place of secure temporary detention.  R.S.O. 1990, c. C.11, s. 93 (1); 2006, c. 19, Sched. D, s. 2 (18). Where secure detention available (2) A provincial director may detain a young person in a place of secure temporary detention if the provincial director is satisfied that it is necessary on one of the following grounds: 1. The young person is charged with an offence for which an adult would be liable to imprisonment for five years or more and, i. the offence includes causing or attempting to cause serious bodily harm to another person, ii. the young person has, at any time, failed to appear in court when required to do so under the federal Act or the Young Offenders Act (Canada) or escaped or attempted to escape from lawful detention, or iii. the young person has, within the 12 months immediately preceding the offence on which the current charge is based, been convicted of an offence for which an adult would be liable to imprisonment for five years or more. 2. The young person is detained in a place of temporary detention and leaves or attempts to leave without the consent of the person in charge or is charged with having escaped or attempting to escape from lawful custody or being unlawfully at large under the Criminal Code (Canada). 3. The provincial director is satisfied, having regard to all the circumstances, including any substantial likelihood the young person will commit a criminal offence or interfere with the administration of justice if placed in a place of open temporary detention, that it is necessary to detain the young person in a place of secure temporary detention, i. to ensure the young person’s attendance at court, ii. for the protection and safety of the public, or iii. for the safety or security within a place of temporary detention.  2009, c. 2, s. 5 (1). Idem (3) Despite subsection (1), a young person who is apprehended because he or she has left or has not returned to a place of secure custody may be detained in a place of secure temporary detention until he or she is returned to the first-named place of custody.  R.S.O. 1990, c. C.11, s. 93 (3); 2006, c. 19, Sched. D, s. 2 (20). Idem (4) Despite subsection (1), a young person who is detained under the federal Act or under the Young Offenders Act (Canada) in a place of temporary detention may be detained in a place of secure temporary detention for a period not exceeding twenty-four hours while a provincial director makes a determination in respect of the young person under subsection (2).  R.S.O. 1990, c. C.11, s. 93 (4); 2006, c. 19, Sched. D, s. 2 (21). Review by youth justice court (5) A young person who is being detained in a place of secure temporary detention and who is brought before a youth justice court for a review of an order for detention made under the federal Act or the Criminal Code (Canada) may request that the youth justice court review the level of his or her detention.  2009, c. 2, s. 5 (2). Same (6) The youth justice court conducting a review of an order for detention may confirm the provincial director’s decision under subsection (2) or may direct that the young person be transferred to a place of open temporary detention.  2009, c. 2, s. 5 (2). Application for return to secure temporary detention (7) A provincial director may apply to a youth justice court for a review of an order directing that a young person be transferred to a place of open temporary detention under subsection (6) on the basis that, (a) the provincial director is satisfied that because of a material change in the circumstances; or (b) on any other grounds that the provincial director considers appropriate, it is necessary that the young person be returned to a place of secure temporary detention.  2009, c. 2, s. 5 (2). Same (8) The youth justice court conducting a review of an order transferring a young person to a place of open temporary detention may confirm the court’s decision under subsection (6) or may direct that the young person be transferred to a place of secure temporary detention.  2009, c. 2, s. 5 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 2 (18-22) - 22/06/2006 2009, c. 2, s. 5 (1, 2) - 01/04/2009 Custody Detention under Provincial Offences Act