Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 143

143 When order made as child may be dealt with as adult order

(1) This section applies if—

(a) a sentence order is made against a person as a child (the
"childhood sentence order" ); and

(b) a proceeding arising out of the order is taken before a court after the person becomes an adult.

(2) If the circumstances mentioned in subsection (3) apply, the court may decide to deal with the person as if—

(a) the childhood sentence order were a corresponding adult order made for the offence; and

(b) the offence were committed as an adult.

(3) The circumstances are—

(a) the person, for another offence committed as an adult—

(i) is being proceeded against; or

(ii) has been sentenced; or

(b) more than 1 year has passed after the offender becomes an adult.

(4) The court may declare the childhood sentence order to be a corresponding adult order and make all necessary changes to the childhood sentence order to change it to a corresponding adult order.

(5) The person is then subject to the corresponding adult order for the proceeding before the court and any further proceedings and orders.

(6) For the application of the Penalties and Sentences Act 1992 —

(a) section 123 of that Act does not apply to a contravention of the childhood sentence order that happens before the order is declared under this section to be a community based order under that Act; and

(b) if the corresponding adult order is a probation order or community service order under that Act, section 12 (6) of that Act does not apply to the court for the proceeding before the court.

(7) For subsection (2) , the Childrens Court may continue the proceeding in its concurrent jurisdiction.

(8) In this section—

"corresponding adult order" to a childhood sentence order, means a type of sentence to which an adult is liable that is similar to the type of the childhood sentence order, for example—

(a) a probation order made under the Penalties and Sentences Act 1992 is a corresponding adult order to a probation order made under this Act; and

(b) a community service order made under the Penalties and Sentences Act 1992 is a corresponding adult order to a community service order made under this Act.