365Chief executive may place children and young persons in residences

1. The chief executive may place any child or young person to whom this section applies (being a child or young person who is in the care or custody or under the sole guardianship of the chief executive) in a residence established under section 364.

2. In exercising the power conferred by subsection (1), the chief executive shall have regard to the purposes and principles of this Act (as set out in sections 4, 4A, and 5) and to the principles set out in section 13 or, as the case may require, section 208.

3. The chief executive must consider all reasonably practicable less restrictive alternative placements that may be available and appropriate for the child before exercising the power conferred by subsection (1) to place in a youth justice residence (as defined in subsection (4)) a child—

4. aged 12 or 13 years; and
5. charged with an offence of the kind specified in section 272(1)(b) or (c); and
6. in respect of whom there is in force an order under section 238(1)(d) or 283(n).

7. Youth justice residence in subsection (3) means a residence established and maintained under section 364 for purposes that are or include remand, the provision of custody under supervision with residence orders made under section 283(n), or both.

8. This section is subject to sections 297B(7)(b) and 307(6)(b) (which ensure this section does not apply to children and young persons subject to custody orders under sections 297B(5) and 307(4)) and to section 312 (which requires the court's approval for the placement in a residence, and for the transfer between residences, of a young person placed in the chief executive's custody by an order under section 311).