Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 416

416 Validation of holding of child sentenced to detention before commencement

(1) This section applies if, before the commencement—

(a) a child was sentenced by a court to serve a period of detention; and

(b) the child was subsequently held by the commissioner of the police service; and

(c) the court did not issue a warrant under former section 210(2) in relation to the child.

(2) The child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner.

(3) Anything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had issued a warrant under former section 210(2) in relation to the child.

(4) To remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith.