Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 243

243 Court may resentence child originally sentenced by lower court

(1) This section applies to a court acting under section 242 (3) (a) in relation to a community based order that it did not make.

(2) If the court is the Supreme Court or a Childrens Court judge and the court that made the order is a Childrens Court magistrate, it may make a sentence order under the following provisions that a Childrens Court magistrate could make in the same circumstances—

(a) for an order other than a conditional release order†” section 245 (1) (d) (ii) ;

(b) for a conditional release order†” section 246 (2) or 246A (2) .

(3) A sentence order made under subsection (2) —

(a) for the purposes of an appeal, is taken to be a sentence order made on indictment; but

(b) for all other purposes, is taken to be a sentence order made by a Childrens Court magistrate.

(4) If the court is the Supreme Court and the court that made the order is a Childrens Court judge, it may make a sentence order under the following provisions that a Childrens Court judge could make in the same circumstances—

(a) for an order other than a conditional release order†” section 245 (1) (d) (ii) ;

(b) for a conditional release order†” section 246 (2) or 246A (2) .

(5) A sentence order made under subsection (4) is taken to be a sentence order made by the Childrens Court judge.