Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 150B

150B Court must rely on earlier serious repeat offender declaration

(1) This section applies if—

(a) a court (the
"sentencing court" ) is sentencing a child for a prescribed indictable offence; and

(b) a court of like or higher jurisdiction (the
"original court" ) has previously made a declaration under section 150A that the child is a serious repeat offender; and

(c) the offence for which the child is being sentenced by the sentencing court was committed during the relevant period for the child.

(2) The sentencing court, in sentencing the child, must have primary regard to the matters mentioned in section 150A (3) (a) to (f) .

(3) 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.

(4) In this section—

"relevant period" , for a child, means—

(a) if the child was ordered by the original court to be detained—the period starting on the day the declaration under section 150A was made by the original court and ending on the day that is 12 months after the day the child is released from detention; or

(b) otherwise—the period starting on the day the declaration under section 150A was made by the original court and ending on the day that is 12 months later.