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YOUTH JUSTICE ACT 1992
- As at 1 July 2024
- Act 44 of 1992
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Short title
2. Objectives of Act
3. Youth justice principles
4. Definitions
5. Note in text
6. (Repealed)
7. Meaning of police officer starting a proceeding
8. Meaning of serious offence
9. Meaning of court that made order
9B. (Repealed)
9C. (Repealed)
9D. (Repealed)
9E. (Repealed)
PART 1C - (Repealed)
PART 2 - SPECIAL PROVISIONS ABOUT POLICING AND CHILDREN
Division 1 - Police officer must consider appropriate way to proceed
10. Division does not apply to 2 general ways of proceeding
10A. (Repealed)
10B. (Repealed)
10C. (Repealed)
11. Police officer to consider alternatives to proceeding against child
12. Preferred way for police officer to start proceedings
13. Police officer’s power of arrest preserved in particular general circumstances
Division 2 - Cautioning
14. Purpose of caution
15. Police officer may administer a caution
16. Conditions for administration of police caution
17. Caution administered by respected person of Aboriginal or Torres Strait Islander community
18. Caution procedure must involve explanation
18A. (Repealed)
18B. (Repealed)
18C. (Repealed)
18D. (Repealed)
18E. (Repealed)
18F. (Repealed)
18G. (Repealed)
18H. (Repealed)
18I. (Repealed)
18J. (Repealed)
18K. (Repealed)
18L. (Repealed)
18M. (Repealed)
18N. (Repealed)
18O. (Repealed)
18P. (Repealed)
19. Caution procedure may involve apology to victim
20. Child must be given a notice of caution
21. Childrens Court may dismiss charge if caution should have been administered or no action taken
Division 3 - Referral for restorative justice process
22. When police officer may refer offence for restorative justice process
23. If restorative justice agreement is made as a consequence of referral for restorative justice process
24. Powers of police officer if referral is unsuccessful or if child contravenes restorative justice agreement
24A. Childrens Court may dismiss charge if offence should have been referred to restorative justice process
Division 4 - Identifying particulars
25. Application by police officer for permission to take child’s identifying particulars
26. Support person must be present when identifying particulars are taken
27. Destruction of identifying particulars taken under court order
28. Division does not limit other provisions
Division 5 - Statements
29. Support person must be present for statement to be admissible
PART 3 - RESTORATIVE JUSTICE PROCESSES
Division 1 - Preliminary
30. Object of part
31. The restorative justice process
32. Returning referrals
Division 2 - Conferences
33. Object of division
34. Who may participate in conference
35. Convening conference
36. Conference agreement
37. Amendment of conference agreement by chief executive
Division 3 - Alternative diversion programs
38. Alternative diversion program
Division 4 - General
39. Convenors
40. Admissibility of particular evidence
41. Notice of successful completion of restorative justice agreement
PART 4 - PROCEEDINGS GENERALLY STARTED BY COMPLAINT AND SUMMONS
42. Preferred way of starting proceedings
43. Service of complaint and summons if offender a child
44. Proof of service of complaint and summons in compliance with this Act
45. No costs against child for lodgement of complaint and summons
46. Proceeding in relation to simple offence in absence of child
PART 5 - BAIL AND CUSTODY OF CHILDREN
47. Bail Act 1980 applies
48. Releasing children in custody in connection with a charge of an offence
48AAA. Releasing children in custody—risk assessment
48AA. Matters to be considered in making particular decisions about release and bail
48AB. Promotion of terrorism and references to terrorist acts
48AC. Representatives of community justice groups must advise of particular matters
48AD. (Repealed)
48AE. Releasing children whose safety is endangered because of offence
48AF. Releasing children charged with prescribed indictable offence committed while on release
48A. Releasing children found guilty of terrorism offences or subject to Commonwealth control orders
48B. Reasons for decisions to keep or remand children in custody
49. When arrested children must be brought before Childrens Court
50. Dealing with children not brought before Childrens Court in accordance with s 49
51. Release of child without bail
52. Conditions of release on bail—generally
52A. Other conditions of release on bail
52AA. Court may impose monitoring device condition
52B. Reasons for decisions to impose particular conditions
53. Granting of bail by audio visual link or audio link
54. Custody of child pending court appearance
55. Court may in all cases release child without bail
56. Custody of child if not released by court
57. Warrant for arrest of child who fails to appear after release without bail
58. Custody of child arrested on court warrant
59. Childrens Court judge may grant bail
59A. Police officers must consider alternatives to arrest for contraventions of bail conditions
59AA. Police officers may consider alternatives to arrest for contraventions of bail conditions—bail granted for serious indictable offence etc.
PART 5A - CHILDREN WHO ARE PRISONERS OF A COURT OR DETAINED IN COURT CELLS
59B. Definitions for part
59C. Child in custody of proper officer of a court
59D. Powers of proper officer of a court
59E. Proper officer of a court may ask for help to perform functions
59F. Officers providing help to proper officer of a court
59G. Delegation of powers of proper officer of a court
59H. Detention of children in court cells
59I. Regulation about exercise of powers
PART 6 - JURISDICTION AND PROCEEDINGS
Division 1 - General
60. Court jurisdiction generally unaffected
61. Application of Mental Health Act 2016
62. Childrens Court judge
63. District Court jurisdiction in aid
64. Childrens Court magistrate
65. Magistrates Court jurisdiction in aid
66. Application of usual laws where necessary
67. Limitation on justices
68. Infringement notices
69. Presence of parent required generally
69E. (Repealed)
70. Court may order parent to attend
71. Consequence of parent’s absence
72. Explanation of proceeding
73. Ordinary practice applies to explanations if child is represented
74. Chief executive’s right of audience generally
75. Adjournment power generally
76. One year limitation inapplicable if indictable offence dealt with summarily
77. Court to refrain from inappropriate summary hearing of indictable offence
78. Procedural elections under this Act in relation to an indictable offence replace other elections
79. Court to check child’s legal representation
80. Use of adduced evidence after change of procedure
Division 2 - Decision on how to proceed at start of proceedings for an indictable offence before a Childrens Court magistrate
Subdivision 1 - Procedure for serious offences
81. Committal proceeding if the offence is a serious offence
Subdivision 2 - Procedure for indictable offences other than serious offences if child is legally represented
82. Application of sdiv 2
83. Explanation and election at start
84. Procedure on summary hearing
Subdivision 3 - Procedure for indictable offences other than serious offences if child is not legally represented
85. Application of sdiv 3
86. Start as committal proceeding and explanation
Subdivision 4 - (Repealed)
Division 3 - Election for summary hearing for indictable offences other than serious offences after the prosecution evidence has been adduced
87. Application of div 3
88. Explanation of election at end of prosecution case
89. Procedure on summary hearing
Division 4 - Procedure if a child enters a plea of guilty at a committal proceeding
90. Application of div 4
91. If the offence is a supreme court offence
92. If the offence is a serious offence other than a supreme court offence
93. If the offence is an indictable offence other than a serious offence
Division 5 - Procedure after all evidence has been adduced in a committal proceeding
94. Application of div 5
95. If the offence is a supreme court offence
96. If the offence is not a supreme court offence
Division 6 - Election procedure if child committed for trial before a Childrens Court judge
97. Application of div 6
98. Election for trial with or without jury
98A. (Repealed)
Division 7 - Jurisdiction of Childrens Court judge
Subdivision 1 - Jurisdiction generally
99. Childrens Court judge to have criminal jurisdiction over child charged with indictable offence
100. Sentencing for summary offence
101. General laws relating to indictable offence apply
Subdivision 2 - Whether a jury is required
102. When a jury is not required
103. Committal charge—change to jury requirement
104. Charge other than committal charge—election by legally represented child for trial with or without jury
105. When a trial by jury is necessary
Subdivision 3 - Change of guilty plea
106. Child may change plea of guilty
Division 8 - Provision for joint trials
Subdivision 1 - Magistrate’s power
107. Joint committal proceeding in relation to adult and child are allowed
108. Committal or committal proceeding for joint trial with another person
Subdivision 2 - Removal of committed proceeding to another jurisdiction for joint trial
109. Definitions for sdiv 2
110. Removal to another jurisdiction for joint trial with another person
111. Formal removal to another jurisdiction for joint trial involving another charge
112. Concurrent jurisdiction available
113. Removal ends possibility of trial without jury
Division 9 - Appeal and review
Subdivision 1 - General
114. Appeal rights generally
114A. (Repealed)
115. Community based orders stayed during appeal
Subdivision 2 - Court of Appeal
116. Appeals to Court of Appeal
Subdivision 3 - Appeals to Childrens Court judge
117. Appeals under Justices Act 1886, pt 9, div 1
Subdivision 4 - Reviews of sentences by Childrens Court judge
117A. Definition for subdivision
118. Sentence review
119. Application for review
120. Preliminary procedure
121. Stay of proceeding and suspension of orders
122. Conduct of review
123. Review decision
124. Interrelation with other types of appeal
125. Incidents of review
126. Orders at end of reviews
Division 10 - Mistake in exercise of jurisdiction
127. Meaning of proceeding
128. Court may reopen proceedings
129. Removal of a proceeding because of lack of jurisdiction
130. Lack of jurisdiction discovered in course of a proceeding
131. Lack of jurisdiction discovered after proceeding ends
Division 11 - Child offenders who become adults
Subdivision 1 - Preliminary
132. Definitions for pt 6, div 11
133. Reference to offence includes alleged offence
Subdivision 2 - General
134. Offender treated as child
Subdivision 3 - Where offender is to be detained
135. Where offender is detained for adult offence
136. Offender remanded in custody for child offence
137. Offender remanded in custody for adult offence and child offence
138. Dealing with offender held in corrective services facility
139. Application to be held in detention centre
Subdivision 4 - Circumstances affecting whether offender is treated as adult or child
140. When offender must be treated as an adult
141. When offender may be treated as an adult
142. Continuing effect on offender of orders made when child
143. When order made as child may be dealt with as adult order
144. Sentencing offender as adult
145. Chief executive (corrective services) to be notified if offender sentenced as adult
146. Extension of Act for detainee offender
Division 12 - Some provisions about admissibility of childhood offences
147. Use of evidence of cautions and restorative justice agreements in deciding issue of criminal responsibility
148. Evidence of childhood finding of guilt not admissible against adult
PART 7 - SENTENCING
Division 1 - Sentencing generally
149. Jurisdiction to sentence child exclusive
150. Sentencing principles
150A. Serious repeat offenders
150B. Court must rely on earlier serious repeat offender declaration
151. Pre-sentence report
151A. Permitted use and disclosure of information for pre-sentence report
152. Pre-sentence report evidence
153. Disclosure of pre-sentence report
153A. Permitted use and disclosure of information in a pre-sentence report
153B. Court may require copies of report to be given to department
154. Finding of guilt as child may be disclosed while a child
155. Mandatory sentence provisions inapplicable
156. Preference to be given to compensation and restitution
157. Outstanding charge may be taken into account on sentence
158. Children entitled to explanation of sentence
159. Audio visual link or audio link may be used to sentence
160. Copy of court order or decision to be given to child, parent etc.
Division 2 - Restorative justice process referrals before sentencing
161. Definitions for division
162. When court must consider making court diversion referral or presentence referral
163. Power of court to make restorative justice process referral
164. Court diversion referrals
165. Presentence referrals
166. (Repealed)
Division 3 - Court referred drug assessment and education sessions before sentencing
Subdivision 1 - Interpretation
167. Definitions for div 3
168. Meaning of eligible child
169. Meaning of eligible drug offence
170. Meaning of disqualifying offence
171. Meaning of approved provider
Subdivision 2 - Reference and consequences
172. Reference to drug assessment and education session by court
173. If child attends drug assessment and education session
174. If child fails to attend drug assessment and education session
Division 4 - Orders on children found guilty of offences
175. Sentence orders—general
176. Sentence orders—life and other significant offences
176A. Sentence orders—graffiti offences
176B. (Repealed)
177. More than 1 type of order may be made for a single offence
178. Combination of probation and community service orders
178A. Combination of graffiti removal order and probation and community service orders
178B. (Repealed)
178C. Combination of restorative justice orders and other sentence orders
179. Combination of intensive supervision order and probation or detention order prohibited
180. Combination of detention order and probation order
180A. Combination of detention order and graffiti removal order
180B. (Repealed)
181. Other orders
182. Orders may be combined in 1 form
183. Recording of conviction
184. Considerations whether or not to record conviction
185. Judge may delegate sentencing power to magistrate
186. Reference of case to Childrens Court judge for sentence
187. Reference to complying with, or contravening, an order
Division 5 - Good behaviour orders
188. Good behaviour order
189. Breach of conditions
Division 6 - Fines
190. Child’s capacity to pay fine to be considered
191. Requirements of fine order
192. Proper officer’s application on breach
Division 6A - Restorative justice orders
192A. Preconditions to making restorative justice order
192B. Requirements to be set out in restorative justice order
192C. Making restorative justice order and community service order or graffiti removal order
192D. Ending of restorative justice order
Division 7 - Probation orders
193. Probation orders—requirements
194. Child must be willing to comply
Division 7A - Graffiti removal orders
194A. Preconditions to making of graffiti removal order
194B. Requirements to be set out in graffiti removal order
194C. Obligation of chief executive
194D. Graffiti removal service to be performed within limited period
194E. Multiple offences dealt with together
194F. Limitation on number of hours of graffiti removal service for multiple graffiti offences
194G. Limitation on number of hours of unpaid service
194H. Limitation on number of hours of graffiti removal service when there is unperformed graffiti removal service
194I. Limitation on number of hours of graffiti removal service when there is unperformed unpaid service
194J. Unpaid service to be performed cumulatively
194K. Cumulative effect of child and adult orders
194L. Ending of graffiti removal order
Division 8 - Community service orders
195. Preconditions to making of community service order
196. Requirements to be set out in community service order
197. Obligation of chief executive
198. Community service to be performed within limited period
199. Multiple or successive community service orders
200. Limitation on number of hours of community service
201. Cumulative effect of child and adult community service orders
202. Ending of community service order
Division 9 - Intensive supervision order
203. Preconditions to making of intensive supervision order
204. Intensive supervision order—requirements
205. Program period
206. Suspension of intensive supervision program
Division 9A - (Repealed)
Division 10 - Detention order
Subdivision 1 - Initial order
207. Pre-sentence report must be obtained before detention order sentence
208. Detention must be only appropriate sentence
209. Court’s reasons for detention order to be stated and recorded
210. Detention to be served in detention centre
211. Commencement of detention period
212. Detention orders ordinarily concurrent
213. Court may order detention period to be cumulative
214. Limitation on cumulative orders
215. Period of escape, mistaken release or release pending appeal or review not counted as detention
216. Application for variation of detention order in interests of justice
217. Multiple orders of detention and imprisonment against person as adult and child
218. Period of custody on remand to be treated as detention on sentence
Subdivision 2 - Conditional release order
219. Purpose of conditional release order
220. Conditional release order
221. Conditional release order—requirements
222. Child must be willing to comply
223. Pre-sentence report must include particular comments
224. Effect of program period ending
225. Program period
226. Suspension of program
Subdivision 2A - (Repealed)
Subdivision 2B - (Repealed)
Subdivision 3 - Release after fixed period of detention
226A. When a child has promoted terrorism
227. Release of child after service of period of detention
228. Chief executive’s supervised release order
228A. Supervised release orders for children with links to terrorism
229. Child may be released from detention while absent from place of detention
230. Release period counts as part of detention period
231. (Repealed)
Subdivision 4 - Release for life sentences
232. Application of sdiv 4
233. Application of parole provisions
Subdivision 5 - Publication orders
234. Court may allow publication of identifying information about a child
Division 11 - Restitution and compensation
235. Restitution, compensation
Division 12 - Contravention of community based orders and related matters
236. Reference to child
237. Chief executive must warn child about contravention
238. Chief executive’s application on contravention
239. Cancellation of warrant
240. General options available on breach of order
241. General options available to superior court to which child committed for breach
242. General options available to court before which child found guilty of an indictable offence
243. Court may resentence child originally sentenced by lower court
244. General options available to court to which child committed for breach by indictable offence
245. Court’s power on breach of a community based order other than a conditional release order
246. Court’s power on breach of conditional release order—order made for offence other than prescribed indictable offence
246A. Court’s power on breach of conditional release order—order made for prescribed indictable offence
246AA. (Repealed)
246A. (Repealed)
247. Variation, discharge and resentence in the interests of justice
248. Detention reduced to the extent just
249. Matters relevant to making further order
250. Affidavits may be used in certain proceedings
251. Notice of discharge etc. of community based order
252. Variations by consent
Division 12A - Contravention of supervised release orders and related matters
252A. Definitions for div 12A
252B. Chief executive must warn child of contravention
252C. Chief executive’s application on contravention
252D. General options available to a Childrens Court magistrate on chief executive’s application
252E. General options available to a court if child found guilty of indictable offence
252F. General options available to a court before which a child is ordered to appear
252G. Matters relevant to making further order
252H. Committal to custody pending appearance before another court
252I. Issue of warrant for child in particular circumstances
252J. Effect of expiry of supervised release order before application dealt with
Division 13 - Application of Transport Operations (Road Use Management) Act 1995 and Heavy Vehicle National Law (Queensland)
253. Application of Transport Operations (Road Use Management) Act 1995 and Heavy Vehicle National Law (Queensland) generally
254. Disqualification
Division 14 - Order for identifying particulars to be taken
255. Court may order sentenced child’s identifying particulars to be taken
Division 15 - Application of Acts applying to victims
256. Victims of Crime Assistance Act 2009 etc.
Division 16 - Orders against parent
257. Interpretation
258. Notice to parent of child offender
259. Show cause hearing
260. Recovery of unpaid compensations amount
PART 8 - DETENTION ADMINISTRATION
Division 1 - Administration
261. Application of Corrective Services Act 2006
262. Establishment of detention centres and other places
262A. Human Rights Act 2019, s 58 does not apply to particular acts and decisions
263. Management of detention centres
263A. Recordings in detention centres and use of body-worn cameras
263B. Requirements for chief executive in relation to recordings and use of body-worn cameras
264. Authorisations for Mental Health Act 2016
264A. (Expired)
Division 2 - Children in detention centres
265. Where children to be detained
266. Authority for admission to detention centre
267. Child must be given information on entry to detention centre
268. Obligation to report harm to children in detention centres
269. Leave of absence
270. (Repealed)
271. Chief executive may authorise treatment
272. Ordinary visitor
273. Commissioner of police service to provide criminal history
274. Use of criminal history information
275. Helping child gain access to lawyer
276. Protection of lawyer representing child
Division 2A - Age related transfers to corrective services facility
Subdivision 1 - Prison transfer directions
276A. Definitions for subdivision
276B. Particular detainees liable to be transferred to corrective services facility
276C. Transfer of particular detainees to corrective services facility
276D. Application to sentencing court for temporary delay of transfer
276DA. Application to chief executive for temporary delay of transfer
276DB. Review by Childrens Court
276E. Transferee subject to Corrective Services Act 2006 from transfer
Subdivision 2 - Age limits for detention
276F. Persons over 18 years and 6 months should not serve period of detention at detention centre
Subdivision 3 - Transfer of persons remanded in detention
276G. (Repealed)
276H. Prison transfer notice
276I. Decision of chief executive
276J. Review by Childrens Court
276K. Transferee subject to Corrective Services Act 2006 from transfer
Division 3 - Complaints
277. Complaints generally
Division 4 - Offences
278. Escape
279. Offences relating to detention centres
279A. Unlawful use of drones around detention centres
Division 5 - Child of detainee
280. Child of detainee may be accommodated in detention centre
281. Registration of birth of child of detainee
Division 6 - Trust fund
282. Detainees trust fund to be kept
Division 7 - Releasing information to eligible persons
282A. Eligible persons register
282B. Non-release declaration
282BA. (Repealed)
282C. Application by child
282D. Deciding application
282E. Removing details from eligible persons register etc.
282F. Releasing information
282G. Confidentiality of detainee information
PART 8A - THE MACP SYSTEM
282H. Definitions for part
282I. Establishment of system
282J. Purpose
282K. Members
282L. Referral of children to MACP system
282M. Responsibilities of core members
PART 9 - PROVISIONS ABOUT DISCLOSURE OF INFORMATION
Division 1 - Preliminary
283. Confidential information to which this part applies
284. Definitions for pt 9
285. When does someone gain information through involvement in the administration of this Act
286. Meaning of disclose for pt 9
Division 2 - Preservation of confidentiality generally
287. Application
288. Preservation of confidentiality
289. Recording, use or disclosure for authorised purpose
289AA. Disclosure to the commissioner of the police service
289A. Disclosure to another member of the community justice group in a child’s community
290. Disclosure to the child or with the child’s consent
291. (Repealed)
292. Disclosure to ensure someone’s safety
293. Disclosure by chief executive to approved carers and others
294. Disclosure to law enforcement entity in another jurisdiction
295. Disclosure by police of information about cautions and restorative justice process referrals and restorative justice agreements
296. Disclosure by chief executive or convenor of information about restorative justice processes
297. Disclosure by chief executive of information for research purposes
297A. Making information available for Child Protection Act 1999
Division 2A - Information sharing and services coordination for children charged with offences
297B. Purpose
297C. Principle for sharing information
297D. Definitions for division
297E. References to a child charged with an offence
297F. Establishment of arrangements
297G. Disclosing, recording or using information for particular purposes
297H. Interaction with other laws
Division 3 - Confidentiality in relation to proceedings
298. Disclosure of information to court or tribunal
299. Production of department’s records
299A. (Repealed)
Division 4 - Other matters relating to confidential information
300. Identity of officer making a report under s 268
301. Prohibition of publication of identifying information about a child
301A. Protection from liability
PART 9A - PROVISIONS FOR DECLARED EMERGENCIES AND DISASTERS
Division 1 - Preliminary
301B. Definitions for part
Division 2 - Restorative justice processes
301C. Conference agreement reached at conference held during emergency period
Division 3 - Staffing detention centre during emergency period
301D. Appointment of temporary detention centre employees during emergency period
301E. Functions and powers of temporary detention centre employees
Division 4 - Detention centres adversely affected by disasters
Subdivision 1 - Declaring disaster-affected detention centre and place to be temporary detention centre
301F. When is detention centre adversely affected by disaster
301G. Temporary detention centre declaration
301H. Place selected to be temporary detention centre
301I. Notice of declaration
301J. Duration of declaration
301K. Extension or further extension of declaration
301L. Revoking declaration—detention centre no longer adversely affected
301M. Revoking declaration—more suitable place to be temporary detention centre
Subdivision 2 - Declaration by regulation
301N. Regulation may declare disaster-affected detention centre and place to be temporary detention centre
301O. Minister must recommend making of regulation declaring another place as temporary detention centre
301P. Minister must recommend making of regulation to end declaration
Subdivision 3 - General
301Q. Effect of declaration
301R. Review of suitability of place to be temporary detention centre
301S. Particular entities to be notified about declaration
PART 10 - GENERAL
302. Programs and services for children
302A. Chief executive may seek contact information for victims of offences
303. Chief executive must collect and keep information
304. Police may help in keeping child in custody
305. Parent entitled to know of whereabouts of child in custody
305A. Ongoing obligation to report harm to children in former boot camp centres
305B. Complaint about boot camp programs
306. Approved forms
307. Evidence
308. Proceeding for offence
309. Extension of time for payment of amounts
310. Enforcement of child payments
311. Enforcement of sentence by calendar
312. Delegation
313. Delegation of powers by proper officer
313A. Review of particular matters
314. Regulations
PART 11 - TRANSITIONAL AND VALIDATION PROVISIONS
Division 1 - Transitional provision for Juvenile Justice Legislation Amendment Act 1996
315. Application of Act to matters before Juvenile Justice Legislation Amendment Act 1996
Division 2 - Transitional provisions for Juvenile Justice Legislation Amendment Act 1998
316. Transfer of staff
317. Disciplinary proceedings
318. Transfer of amounts held on trust for detainees
319. Termination of contracts
Division 3 - Transitional provisions for the Juvenile Justice Amendment Act 2002
Subdivision 1 - Interpretation
320. Definitions for pt 11, div 3
Subdivision 2 - References
321. References to community conference
322. Immediate release orders and fixed release orders
323. References to attendance notices
Subdivision 3 - Investigation provisions
324. Statements
325. Identifying particulars
Subdivision 4 - Cautions and community conferences
326. Cautioning
327. Community conferencing
Subdivision 5 - Start of proceedings
328. Start of proceedings by a police officer
Subdivision 6 - Bail and custody of children
329. Police decision about bail or a related matter
Subdivision 7 - Jurisdiction and proceedings
330. Generally in relation to new pt 6
331. Transitional provision for current pt 4, divs 2–5
332. Transitional provision for appeals under Justices Act 1886, pt 9, div 1
333. Child offender who becomes an adult
Subdivision 8 - Sentencing
334. Sentencing generally
335. Current community based orders made by District Court
336. Contravention of a current probation order
337. Cumulative effect of child and adult community service orders
338. Contravention of a community service order
339. Contravention of a conditional release order
340. Contravention of community based orders generally
Subdivision 9 - (Repealed)
Division 4 - Transitional provision for Summary Offences Act 2005
341. Vagrants, Gaming and Other Offences Act 1931
Division 5 - Transitional provision for Criminal Code and Other Acts Amendment Act 2008
342. Reference to particular offence
Division 6 - Transitional provisions for Juvenile Justice and Other Acts Amendment Act 2009
343. Definitions for pt 11, div 6
344. Reference to Juvenile Justice Act 1992 and related references
345. Particular notices to include warning about arrest
346. If an agreement is made on a referral by a court to a conference before sentence
347. Application of Criminal Code, s 305
348. Cancellation of supervised release order
349. Court may order transfer to prison
350. (Repealed)
Division 7 - Transitional provision for Criminal History Screening Legislation Amendment Act 2010
351. Effect of s 252I on particular warrants
Division 8 - Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010
352. Particular amended provisions apply only to prosecutions commenced after commencement
Division 9 - Transitional provision for Criminal Law Amendment Act 2012
353. Application of Criminal Code, s 305
Division 10 - Transitional provisions for Youth Justice (Boot Camp Orders) and Other Legislation Amendment Act 2012
354. Definitions for div 10
355. Application of provisions about destruction of identifying particulars taken under court order
356. Application of provisions about referral by court for a conference
357. Application of provisions about boot camp order
Division 11 - Transitional provisions for Youth Justice and Other Legislation Amendment Act 2014
358. Definitions for div 11
358A. Uncommenced applications for review of sentence orders
359. Evidence of childhood finding of guilt
360. Detention orders and sentencing principles
361. Publication of identifying information
362. Court’s power on particular proceedings
363. Application of amendments about transfer direction for a child who will turn 17 years
364. Application of amendments about transfer direction for a person who is 17 years
365. Applications not granted before commencement
366. Orders made before commencement
367. Application of provisions about boot camp (vehicle offences) order
Division 12 - Transitional provision for Criminal Law (Domestic Violence) Amendment Act 2016
368. Sentencing submissions
Division 12A - Transitional provision for Health and Other Legislation Amendment Act 2016
368A. Particular definitions are taken to include reference to Criminal Code, s 208
Division 13 - Transitional provisions for Youth Justice and Other Legislation Amendment Act (No. 1) 2016
Subdivision 1 - Preliminary
369. Definitions for div 13
Subdivision 2 - Continuation of boot camp (vehicle offences) orders and boot camp orders
370. Boot camp (vehicle offences) order existing immediately before commencement
371. Boot camp order existing immediately before commencement
Subdivision 3 - Continued boot camp (vehicle offences) orders and boot camp order—contravention, revocation, discharge and resentence proceedings
372. Purpose of sdiv 3
373. Application of pt 7, div 13
374. Application of s 237
375. Application of s 238
376. Court’s power on breach of boot camp (vehicle offences) order
377. Court’s power on breach of boot camp order
378. Continued boot camp (vehicle offences) order—variation, discharge and resentence
379. Continued boot camp order—revocation and resentence
Subdivision 4 - No boot camp (vehicle offences) orders or boot camp orders after commencement
380. Court may not make boot camp (vehicle offences) order or boot camp order after commencement
Subdivision 5 - Other transitional provisions
381. Offence committed while on bail
382. Childhood finding of guilt
383. Sentence review
384. Sentencing principles
385. Publication of identifying information about child
Division 14 - Transitional provision for the Youth Justice and Other Legislation Amendment Act (No. 2) 2016
386. Application of Act to matters before commencement
Division 15 - Transitional provisions for Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016
387. Offences by 17-year-olds before commencement if offence proceedings not started
388. (Expired)
389. (Expired)
390. (Expired)
391. (Expired)
Division 16 - Transitional provision for Victims of Crime Assistance and Other Legislation Amendment Act 2017
392. Eligible persons register
Division 17 - Transitional provisions for Justice Legislation (Links to Terrorist Activity) Amendment Act 2019
393. Definition for division
394. Application of particular provisions to decisions about release made on or after commencement
395. Application of particular provisions to sentencing children after commencement
Division 18 - Transitional provisions for Youth Justice and Other Legislation Amendment Act 2019
Subdivision 1 - Preliminary
396. Definition for division
Subdivision 2 - Provision for amendments commencing on assent
397. Application of s 150
Subdivision 3 - Provisions for amendments commencing by proclamation
398. Decisions about release made on or after commencement
399. Dealing with children arrested before commencement
400. Application of s 59A
401. Existing bail conditions about tracking devices
Division 19 - Savings and transitional provisions for Youth Justice and Other Legislation Amendment Act 2021
402. Definition for division
403. Application of amended bail provisions
404. (Repealed)
405. Effectiveness of monitoring device condition after geographical area stops being prescribed or section 52AA expires
406. Application of amended sentencing principles and youth justice principles
Division 20 - Transitional provision for Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Act 2023
407. Existing declared emergencies
Division 21 - Transitional provisions for Strengthening Community Safety Act 2023
408. Application of s 48AF
409. Application of ss 150A and 150B
410. Application of s 246A and former s 246
411. Application of pt 8, div 2A, sdiv 1
412. Continued application of former pt 8, div 2A, sdiv 1
413. Application of pt 8, div 2A, sdiv 3
Division 22 - Validation and transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023
414. Definition for division
415. Validation of holding of child remanded in custody before commencement
416. Validation of holding of child sentenced to detention before commencement
417. Application of s 56 to child remanded in custody before commencement
418. Application of s 210 to child sentenced to detention before commencement
Division 23 - Transitional provisions for Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024
419. Application of ss 48AA and 52A to release of a child
420. Sentencing principles
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
Schedule 5 (Repealed)
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