Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 150A

150A Serious repeat offenders

(1) This section applies if a court is sentencing a child for a prescribed indictable offence.

(2) The court may, on application by the prosecution, declare the child to be a serious repeat offender if—

(a) at least 1 detention order has previously been made against the child in relation to a prescribed indictable offence; and

(b) the court has—

(i) ordered the chief executive to prepare a pre-sentence report; and

(ii) received and considered the report; and

(c) the court has had regard to—

(i) the child’s previous offending history and bail history; and

(ii) any efforts of rehabilitation by the child, including rehabilitation carried out under a court order; and

(iii) any other matter the court considers relevant; and

(d) the court is satisfied that there is a high probability that the child would commit a further prescribed indictable offence.

(3) If the court makes a declaration that the child is a serious repeat offender, the court in sentencing the child must have primary regard to—

(a) the need to protect members of the community; and

(b) the nature and extent of violence, if any, used in the commission of the offence; and

(c) the extent of any disregard by the child in the commission of the offence for the interests of public safety; and

(d) the impact of the offence on public safety; and

(e) the child’s previous offending history and bail history; and

(f) the matter to which the court must have primary regard under section 150 (2) .

(4) If the court makes a declaration that the child is a serious repeat offender, the court must state in its sentencing remarks for the child reasons for making the declaration.

(5) For the purposes of the Criminal Code , chapter 67 , a declaration made under this section is taken to be a sentence imposed on conviction.

(6) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect—

(a) despite being incompatible with human rights; and

(b) despite anything else in the Human Rights Act 2019 .

Note—

Under the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement.