Queensland Numbered Acts Queensland Numbered ActsAfter section 252--
insert--
'In this division--
child, for a child on release from detention under a supervised release order, includes, without limiting section 142, a person who was an adult when the order was made or has become an adult since the order was made.
original sentencing court, for a supervised release order, means the court that made the sentence order relating to the supervised release order.
'(1) This section applies if--
(a) a child is on release from detention under a supervised release order; and
(b) the chief executive reasonably believes the child has contravened the order.
'(2) The chief executive must warn the child of the consequences of further contravention, including the making of an application under section 252C.
'(3) Subsection (2) does not apply if the chief executive does not know the child's whereabouts and can not reasonably find out.
'(1) This section applies if--
(a) a child is on release from detention under a supervised release order; and
(b) the chief executive reasonably believes the child has contravened the order; and
(c) either--
(i) the contravention is believed to have happened after the child has been given a warning, under section 252B, relating to a previous believed contravention of the order; or
(ii) the chief executive is not required to warn the child under section 252B(3); and
(d) the child has not been charged with an offence for the act or omission comprising the contravention.
'(2) The chief executive, by way of complaint and summons served on the child, may apply to a Childrens Court magistrate for a finding that the child has contravened the order.
'(3) A copy of the complaint must be served on a parent of the child, unless a parent can not be found after reasonable inquiry.
'(4) In this section--
parent, of a child, includes someone who is apparently a parent of the child.
'(1) This section applies if--
(a) a complaint is made under section 252C(2) that a child has contravened a supervised release order; and
(b) the child appears before a Childrens Court magistrate; and
(c) the magistrate is satisfied beyond reasonable doubt that the contravention has happened.
'(2) If the magistrate considers the child should be given a further opportunity to satisfy the conditions of the order, the magistrate may order that no further action be taken.
'(3) If subsection (2) does not apply, the magistrate may act under subsection (4) or (5).
'(4) If the unexpired part of the child's sentence is 1 year or less, the magistrate may--
(a) 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
(b) order the child to be returned to the detention centre for the unexpired part of the child's sentence.
'(5) If the unexpired part of the child's sentence is more than 1 year, the magistrate may order the child to appear before the original sentencing court.
'(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 1 year 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 1 year--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.
'(1) This section applies if--
(a) the chief executive applies to a Childrens Court magistrate under section 252C for a finding that a child has contravened a supervised release order; and
(b) under section 252D, the magistrate orders the child to appear before another court; and
(c) the child appears before the other court; and
(d) the other court is satisfied beyond reasonable doubt of the matter alleged against the child in the chief executive's application.
'(2) This section also applies if --
(a) a child has been ordered by a court to appear before another court under section 252E; and
(b) the child appears before the other court.
'(3) The other 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.
'(4) For subsection (1)(d), the proceeding before the other court must be heard and decided by a judge sitting without a jury.
'(1) In making an order under section 252D, 252E or 252F, a court must have regard to anything done by the child in compliance with the supervised release order.
'(2) For an Act providing rights to anyone of appeal or review--
(a) a finding under section 252D(1)(c) in relation to an order under section 252D(4)(a) or (b) is taken to be a finding of guilt on complaint and summons for an offence; and
(b) an order under section 252D(2) or (4)(a) or (b) is taken to be a sentence order made on complaint and summons; and
(c) a finding under section 252F(1)(d) is taken to be a finding of guilt on a charge on indictment; and
(d) an order under section 252E(2) or (3)(a) or (b) or 252F(3) is taken to be a sentence order made on--
(i) complaint and summons, if the order is made by the Childrens Court magistrate or Magistrates Court; or
(ii) indictment, if the order is made by another court.
'(3) However, a finding that the child has contravened a supervised release order is not part of the child's criminal history.
'(1) If a court orders a child to appear before another court under section 252D or 252E, it may commit the child to custody or release the child under part 5 to be brought or to appear before the other court.
'(2) A period spent by a child in custody under subsection (1) is to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released.
'(1) A justice may issue a warrant for the child's arrest if the chief executive--
(a) makes a complaint before the justice that the child has contravened a supervised release order; and
(b) gives information before the justice, on oath, substantiating--
(i) the matter of the complaint; and
(ii) that the chief executive does not know the child's whereabouts and can not reasonably find out, or reasonably believes that the child would not comply with a summons.
'(2) Also, a Childrens Court magistrate may issue a warrant for the child's arrest if the child fails to appear before the court in answer to a summons under section 252C(2).
'(3) A warrant issued under subsection (1) or (2) must state which part of the supervised release order has been contravened.
'(4) For part 5, a child arrested under a warrant issued under subsection (1) or (2) must be treated as if arrested on a charge of an offence.
'(5) If a warrant is issued against a child under subsection (1) or (2) and the child appears before a Childrens Court magistrate other than through the execution of the warrant, the magistrate may cancel the warrant.
'(6) A period spent by a child in custody on the execution of a warrant issued under subsection (1) or (2) is to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released.
'(7) The period spent by the child out of custody after the issue of a warrant under subsection (2) is not to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released.
'(1) This section applies if a supervised release order expires before a child is finally dealt with on an application under this division.
'(2) The application expires.
'(3) If the child is in custody under a warrant issued under section 252I or a court order under section 252H(1), the child must be released from custody under the warrant or order.'.