Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 276A

276A Persons who turn 18 years before delivery into custody of chief executive

(1) This section applies if—

(a) the commissioner of the police service takes immediate custody of a person under section 56 (2) (a) or 210 (2) (a) to deliver the person into the custody of the chief executive; and

(b) the person is in custody in a watch-house.

(2) If the chief executive becomes aware that the person is likely to turn 18 years before the chief executive has decided the custody transfer date for the person, the chief executive must notify the commissioner of the police service and chief executive (corrective services) that the person is likely to be delivered into the custody of the chief executive (corrective services) under this section.

(3) If, on the day the person turns 18 years, the chief executive has not decided the custody transfer date for the person, sections 56 (2) (b) and 210 (2) (b) stop applying in relation to the person.

(4) On the day the person turns 18 years—

(a) the Corrective Services Act 2006 , section 6 applies to the person; and

(b) the period mentioned in section 6 (2) of that Act is taken to have started on the day the person was taken into custody in a watch-house under section 56 or 210 .

(5) Within 1 business day after the day the person turns 18 years, the chief executive must give the commissioner of the police service and chief executive (corrective services) a notice stating the following—

(a) the person’s name;

(b) if the person has been remanded in custody by a court—that the person is to be held on remand in a corrective services facility;

(c) if the person has been sentenced to serve a period of detention—

(i) that the person is to serve the period of detention as a term of imprisonment in a corrective services facility; and

(ii) the period of detention the person is liable to serve; and

(iii) the day on which the person is required to be released from detention under section 227 .

(6) In this section—

"custody transfer date" , for the delivery of a person into the custody of the chief executive, means—

(a) if section 56 applies—the date the chief executive is required to notify the commissioner of the police service for accepting custody of the person under section 56 (3) ; or

(b) if section 210 applies—the date the chief executive is required to notify the commissioner of the police service for accepting custody of the person under section 210 (3) .