Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 139

139 Application to be held in detention centre

(1) This section applies if—

(a) section 138 (2) or (3) would otherwise apply to the offender; and

(b) the offender—

(i) has been an adult for less than 1 year; and

(ii) is not serving a period of detention in a corrective services facility under a transfer made under part 8 , division 2A ; and

(iii) is not being held on remand or serving a term of imprisonment for an adult offence.

(2) The offender may apply to a Childrens Court judge for an order that the offender be held on remand, or serve the period of detention, in a detention centre and not in a corrective services facility.

(3) The offender must immediately serve a copy of the application on the chief executive.

(4) The court may grant or refuse to grant the application.

(5) In deciding the application, the court must have regard to the following matters—

(a) the offender’s age at the time of the application;

(b) if the application relates to serving a period of detention—

(i) the length of the unserved part of the period of detention; and

(ii) the earliest time the offender may be released;

(c) the amount of time the offender has spent in a corrective services facility on remand, or serving a period of detention or term of imprisonment, for any offence;

(d) the amount of time the offender has spent in a detention centre on remand, or serving a period of detention or term of imprisonment, for any offence.

(6) If the court grants the application, the court must state the day on which the order takes effect.