Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 175A

175A Sentence orders—significant offences to which adult penalties apply

(1) This section applies if a court is sentencing a child for an offence against any of the following provisions of the Criminal Code —

(a) sections 302 and 305 ;

(b) sections 303 and 310 ;

(c) section 314A ;

(d) section 317 ;

(e) section 320 ;

(f) section 323 ;

(g) section 328A ;

(h) section 340 ;

(i) section 408A ;

(j) sections 409 and 411 ;

(k) section 419 ;

(l) section 421 ;

(m) section 427 .

(2) The court may—

(a) order that the child be placed on probation for a period not longer than 3 years; or

(b) order that the child be detained for a period not more than—

(i) if the court is not constituted by a judge—3 years; or

(ii) if the court is constituted by a judge—the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve.

(3) Section 155 does not apply to the court.

(4) A requirement under the Criminal Code that a term of imprisonment must be the penalty, or a part of the penalty, for the offence is taken to be a requirement that a period of detention must be the penalty, or a part of the penalty, for the offence.

(5) A requirement under the Criminal Code that a minimum term of imprisonment must be served for the offence is taken to be a requirement that a minimum period of detention must be served for the offence.

(6) The court may make a detention order—

(a) with or without a conditional release order under section 220 ; and

(b) if section 234 applies—with or without an order under that section.

(7) If the court is sentencing the child to detention for life on a conviction of murder—

(a) the Criminal Code , section 305 (2) , (3) and (4) applies; and

(b) for that purpose, a reference in the Criminal Code , section 305 to imprisonment is taken to be a reference to detention.

Note—

For the child’s parole eligibility, see section 233 of this Act and the Corrective Services Act 2006 , section 181 .

(8) Section 175 (1) (da) and (db) does not apply to the court.

(9) If the offence is a prescribed offence under the Penalties and Sentences Act 1992 , section 108A , then part 5 , division 2 , subdivision 2 of that Act applies—

(a) as if a reference in that subdivision to a community service order were a reference to a community service order under this Act; and

(b) as if a reference in that subdivision to a graffiti removal order were a reference to a graffiti removal order under this Act; and

(c) as if a reference in that subdivision to the period mentioned in section 103 (2) (b) of that Act were a reference to the period within which the number of hours stated in the community service order must be performed under this Act; and

(d) as if a reference in that subdivision to serving a term of imprisonment in a corrective services facility were a reference to serving a period of detention.

(10) Section 195 (a) does not apply to the making of a community service order under subsection (9) but subsection (9) applies subject to section 195 (b) and (c) .

(11) This section—

(a) applies despite anything else in this Act; and

(b) subject to subsection (8) , does not limit a court’s power to make an order under section 175 .

(12) 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.