Queensland Numbered Acts Queensland Numbered ActsPart 8--
insert--
'In this division--
period of detention, for a person who is liable to serve a further period of detention cumulatively with a period of detention being served, includes the further period of detention.
period of imprisonment see the Penalties and Sentences Act 1992, section 4.
transfer day see section 276D(2).
'(1) This section applies if a court sentences a person who is 16 or more to a period of detention under which the person will be detained or continue to be detained when the person is 18 or more.
'(2) The court must consider making an order under subsection (3).
'(3) The court may make an order (a transfer order) that an unserved part of the period of detention be served as a period of imprisonment from a day when--
(a) the person is 18 or more; or
(b) the person is 17 or more if the person--
(i) has previously been held in custody in a prison on sentence, remand or otherwise; or
(ii) has been sentenced to serve a term of imprisonment.
'(1) A person serving a period of detention under a detention order, or the chief executive, may apply to a Childrens Court judge for an order (also a transfer order) that the unserved part of the period of detention be served as a term of imprisonment.
'(2) Subsection (1) only applies if--
(a) the person is 18 or more; or
(b) the person is 17 or more and--
(i) has previously been held in custody in a prison on sentence, remand or otherwise; or
(ii) has been sentenced to serve a term of imprisonment.
'(3) Also, if--
(a) the sentencing court decided not to make a transfer order under section 276B, even though section 276B(1) applied to the person; or
(b) the court has previously refused an application under subsection (1);
the court may only consider the application if the applicant satisfies the court there has been a material change of circumstances since the decision mentioned in paragraph (a) or refusal mentioned in paragraph (b).
'(4) The court may grant or refuse to grant the transfer order.
'(5) In this section--
sentencing court means the court that sentenced the child to the period of detention.
'(1) In deciding whether to make a transfer order, a court may have regard to the following--
(a) the length of the period of detention;
(b) the earliest day the person may be released from detention and the person's age at the time;
(c) the length of any period of community supervision after release from detention and the person's age at the end of the supervision period;
(d) any particular issues relating to the vulnerability or maturity of the person known at the time of the decision;
(e) the availability of relevant services and programs during a term of imprisonment;
(f) any time the person has spent serving any term of imprisonment;
(g) the likely impact on a detention centre if a transfer order is not made;
(h) any other relevant matter.
'(2) A transfer order must state the day (the transfer day) on which the order will take effect.
'(3) A transfer order is taken for all purposes, other than as provided by subsection (6), to be a sentence for a term of imprisonment for a period equal to the length of the unserved part of the period of detention.
'(4) If a court decides to make, or not to make, a transfer order under section 276B, for an Act providing anyone with rights of appeal or review, the decision is taken to be a decision on sentence.
'(5) The sentence mentioned in subsections (3) and (4) is taken to be made on a charge of an offence on--
(a) complaint and summons, if the order is made by the Childrens Court magistrate or Magistrates Court; or
(b) indictment, if the order is made by another court.
'(6) If a court decides to grant or refuse to grant a transfer order under section 276C(4), for an Act providing anyone with rights of appeal or review, the decision is taken to be made in the court's civil jurisdiction.
'(7) On the making of a transfer order, the chief executive must immediately give notice of the order to the chief executive (corrective services).
'(8) The Corrective Services Act 2006 applies to a person imprisoned under a transfer order.
'(9) However, the person may only, and must, be released on parole on the day the person would have been released under a supervised release order if the transfer order had not been made.
'(10) Subsection (9) does not prevent--
(a) the earlier release of the person under an exceptional circumstances parole order; or
(b) the continued custody of the person for the unserved part of any sentence of imprisonment imposed against the person.
'(11) In this section--
community supervision includes supervision under a community based order or a supervised release order.
transfer order means a transfer order under section 276B or 276C(4).
'(1) If a transfer order under section 276B is in force for a person serving a period of detention in a detention centre, the person or the chief executive may apply to the court that made the order to--
(a) revoke the order; or
(b) vary the transfer day under the order.
'(2) The applicant must give written notice of the making of the application--
(a) if the application is made by the person--to the chief executive; or
(b) if the application is made by the chief executive--to the person.
'(3) The court may only consider the application if the applicant satisfies the court there has been a material change of circumstances since the transfer order was made.
'(4) The court may grant the application if the court considers it would be in the interests of justice having regard to the matters mentioned in section 276D(1).
'(5) If an application under subsection (1) is current when the existing transfer day is reached, the effect of the transfer order is suspended until the application is decided.
'(6) If a transfer order is revoked under subsection (4), an application for a new transfer order may be made under section 276C.'.