Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 252E

252E General options available to a court if child found guilty of indictable offence

(1) This section applies if—

(a) a child on release from detention under a supervised release order commits an indictable offence; and

(b) a court finds the child guilty of the offence.

Note—

The commission of an indictable offence is a contravention of the supervised release order—see section 228 (4) (a) .

(2) If the court (including in its concurrent jurisdiction) was the original sentencing court, or is a higher court, the court may—

(a) if the court considers the child should be given a further opportunity to satisfy the conditions of the order—order that no further action be taken; or

(b) order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or

(c) order the child to be returned to the detention centre for the unexpired part of the child’s sentence.

(3) If subsection (2) does not apply and the court is a Childrens Court magistrate or a Magistrates Court, the court may—

(a) if the court considers the child should be given a further opportunity to satisfy the conditions of the order—order that no further action be taken; or

(b) if the unexpired part of the child’s sentence is the prescribed period or less—

(i) order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or

(ii) order the child to be returned to the detention centre for the unexpired part of the child’s sentence; or

(c) if the unexpired part of the child’s sentence is more than the prescribed period—order the child to appear before the original sentencing court.

(4) If subsections (2) and (3) do not apply, the court may order the child to appear before the original sentencing court.

(5) If the court is a Magistrates Court or the District Court, the order under subsection (2) , (3) or (4) must be made in its concurrent jurisdiction.

(6) In this section—

"higher court" means—

(a) for a Magistrates Court or a Childrens Court magistrate—the District Court or a Childrens Court judge; or

(b) for the District Court or a Childrens Court judge—the Supreme Court.

"prescribed period" means—

(a) for a sentence imposed under section 175A —3 years; or

(b) otherwise—1 year.