Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 165

165 Presentence referrals

(1) This section applies if the court makes a presentence referral.

(2) On making the referral, the court may—

(a) give the directions it considers appropriate to the child or the chief executive; and

(b) adjourn the proceeding for the offence.

(3) If the chief executive returns the referral under section 32 (1) , the court must proceed with sentencing the child for the offence.

(4) If a restorative justice agreement is made as a consequence of the referral, the chief executive must—

(a) give the court a copy of the agreement; and

(b) inform the court of any obligations of the child under the agreement that have already been performed.

(5) If a restorative justice agreement is given to the court under subsection (4) , the court must give a copy of the agreement as soon as practicable to—

(a) the prosecution; and

(b) if the child is represented by a lawyer—the lawyer.

(6) In sentencing the child for the offence, the court must have regard to—

(a) the child’s participation in the relevant restorative justice process; and

(b) the child’s obligations under the restorative justice agreement; and

(c) anything done by the child under the restorative justice agreement; and

(d) any information provided by the chief executive about sentencing the child.