Queensland Numbered Acts

YOUTH JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 13

13 Replacement of s 49 (Arrested child must be brought promptly before the Childrens Court)

Section 49 —
omit, insert—

49 When arrested children must be brought before Childrens Court

(1) This section applies if a child is arrested on a charge of an offence and is in custody in connection with the charge.

(2) The child must be brought before the Childrens Court to be dealt with according to law—

(a) as soon as practicable and within 24 hours after the arrest; or

(b) if it is not practicable to constitute the court within 24 hours after the arrest—as soon as practicable on the next day the court can practicably be constituted.

(2A) However, if the child is being detained under the Police Powers and Responsibilities Act 2000 , chapter 15, part 2, the child must be brought before the Childrens Court to be dealt with according to law—

(a) as soon as practicable and within 24 hours after the child’s detention under that part ends; or

(b) if it is not practicable to constitute the court within 24 hours after the child’s detention under that part ends—as soon as practicable on the next day the court can practicably be constituted.

(3) This section does not apply if the child is being dealt with in a way mentioned in the Police Powers and Responsibilities Act 2000 , section 393(2)(c) or (d) or (3)(b).