Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 50

50 Dealing with children not brought before Childrens Court in accordance with s 49

(1) This section applies if—

(a) a child is arrested in connection with a charge of an offence and delivered into the custody of a police officer at a place that is a police station, police establishment or watch-house; and

(b) the child is not being detained under the Police Powers and Responsibilities Act 2000 , chapter 15 , part 2 ; and

(c) section 49 applies in relation to the child, but the child has not been brought before the Childrens Court in accordance with that section.

(2) The police officer for the time being in charge of the place or, if the place is a watch-house, a prescribed police officer within the meaning of the Bail Act 1980 , section 7 , must—

(a) give the child a release notice or a notice to appear and release the child from custody under section 51 ; or

(b) grant bail to the child and release the child from custody under section 52 ; or

(c) keep the child in custody.

(3) However, if the child is released under the Police Powers and Responsibilities Act 2000 , section 378 or 379 —

(a) subsection (2) does not apply; and

(b) any proceeding against the child for the offence is discontinued even though the child may have been charged with having committed the offence.

(4) Also—

(a) subsection (2) applies subject to sections 48 , 48AAA and 48AE ; and

(b) a police officer may not, under subsection (2) (a) , release the child if the child—

(i) has previously been found guilty of a terrorism offence; or

(ii) is or has been the subject of a Commonwealth control order; and

(c) subsection (2) (b) applies subject to the Bail Act 1980 , section 13 .