JUVENILE JUSTICE ACT 1992

Queensland Consolidated Acts

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JUVENILE JUSTICE ACT 1992

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

1. Short title
2. Objectives of Act
3. Juvenile justice principles
4. Definitions
5. Note in text
6. Child's age regulation
7. Meaning of police officer starting a proceeding
8. Meaning of serious offence
9. Meaning of court that made order

Part 2--Special provisions about policing and children

Division 1--Police officer must consider appropriate way to proceed

10. Division does not apply to 2 general ways of proceeding
11. Police officer to consider alternatives to proceeding against child
12. Preferred way for police officer to start proceedings
13. Police officer's power of arrest preserved in particular general circumstances

Division 2--Cautioning

14. Purpose of caution
15. Police officer may administer a caution
16. Conditions for administration of police caution
17. Caution administered by respected person of Aboriginal or Torres Strait Islander community
18. Caution procedure must involve explanation
19. Caution procedure may involve apology to victim
20. Child must be given a notice of caution
21. Childrens Court may dismiss charge if caution should have been administered or no action taken

Division 3--Reference by police officer to coordinator for a conference

22. When a police officer may refer an offence for a conference
23. If a conference agreement is made on a referral by a police officer
24. Powers of police officer if referral is unsuccessful or if child contravenes conference agreement

Division 4--Identifying particulars

25. Application by police officer for permission to take child's identifying particulars
26. Support person must be present when identifying particulars are taken
27. Destruction of identifying particulars taken under court order
28. Division does not limit other provisions

Division 5--Statements

29. Support person must be present for statement to be admissible

Part 3--Youth justice conferences generally

30. Object of part and explanation
31. Appointment of coordinator and approval of convenor
32. Protection against liability for convenor or coordinator
33. Who may refer an offence to a coordinator
34. Who may participate in a conference
35. Convening of a conference
36. Coordinator may persist in efforts to achieve a conference agreement
37. Form and content of conference agreement
38. Intervention of chief executive to correct conference agreement
39. If the chief executive amends the conference agreement
40. Admissibility of a conference agreement and related evidence
41. If chief executive signs agreement for program

Part 4--Proceedings generally started by complaint and summons

42. Preferred way of starting proceedings
43. Service of complaint and summons if offender a child
44. Proof of service of complaint and summons in compliance with this Act
45. No costs against child for lodgment of complaint and summons
46. Proceeding in relation to simple offence in absence of child

Part 5--Bail and custody of children

47. Bail Act 1980 applies
48. Decisions about bail and related matters
49. Arrested child must be brought promptly before the Childrens Court
50. Dealing with a child if court can not be promptly constituted
51. Release of child without bail
52. Conditions of release on bail
53. Granting of bail by audio visual link or audio link
54. Custody of child pending court appearance
55. Court may in all cases release child without bail
56. Custody of child if not released by court
57. Warrant for arrest of child who fails to appear after release without bail
58. Custody of child arrested on court warrant
59. Childrens Court judge may grant bail

Part 6--Jurisdiction and proceedings

Division 1--General

60. Court jurisdiction generally unaffected
61. Application of Mental Health Act 2000
62. Childrens Court judge
63. District Court jurisdiction in aid
64. Childrens Court magistrate
65. Magistrates Court jurisdiction in aid
66. Application of usual laws where necessary
67. Limitation on justices
68. Infringement notices
69. Presence of parent required generally
70. Court may order parent to attend
71. Consequence of parent's absence
72. Explanation of proceeding
73. Ordinary practice applies to explanations if child is represented
74. Chief executive's right of audience generally
75. Adjournment power generally
76. One year limitation inapplicable if indictable offence dealt with summarily
77. Court to refrain from inappropriate summary hearing of indictable offence
78. Procedural elections under this Act in relation to an indictable offence replace other elections
79. Court to check child's legal representation
80. Use of adduced evidence after change of procedure

Division 2--Decision on how to proceed at start of proceedings for an indictable offence before a Childrens Court magistrate
Subdivision 1--Procedure for serious offences

81. Committal proceeding if the offence is a serious offence
Subdivision 2--Procedure for indictable offences other than serious offences if child is legally represented
82. Application of sdiv 2
83. Explanation and election at start
84. Procedure on summary hearing
Subdivision 3--Procedure for indictable offences other than serious offences if child is not legally represented
85. Application of sdiv 3
86. Start as committal proceeding and explanation

Division 3--Election for summary hearing for indictable offences other than serious offences after the prosecution evidence has been adduced

87. Application of div 3
88. Explanation of election at end of prosecution case
89. Procedure on summary hearing

Division 4--Procedure if a child enters a plea of guilty at a committal proceeding

90. Application of div 4
91. If the offence is a supreme court offence
92. If the offence is a serious offence other than a supreme court offence
93. If the offence is an indictable offence other than a serious offence

Division 5--Procedure after all evidence has been adduced in a committal proceeding

94. Application of div 5
95. If the offence is a supreme court offence
96. If the offence is not a supreme court offence

Division 6--Election procedure if child committed for trial before a Childrens Court judge

97. Application of div 6
98. Election for trial with or without jury

Division 7--Jurisdiction of Childrens Court judge
Subdivision 1--Jurisdiction generally

99. Childrens Court judge to have criminal jurisdiction over child charged with indictable offence
100. Sentencing for summary offence
101. General laws relating to indictable offence apply
Subdivision 2--Whether a jury is required
102. When a jury is not required
103. Committal charge—change to jury requirement
104. Charge other than committal charge—election by legally represented child for trial with or without jury
105. When a trial by jury is necessary
Subdivision 3--Change of guilty plea
106. Child may change plea of guilty

Division 8--Provision for joint trials
Subdivision 1--Magistrate's power

107. Joint committal proceeding in relation to adult and child are allowed
108. Committal or committal proceeding for joint trial with another person
Subdivision 2--Removal of committed proceeding to another jurisdiction for joint trial
109. Definitions for sdiv 2
110. Removal to another jurisdiction for joint trial with another person
111. Formal removal to another jurisdiction for joint trial involving another charge
112. Concurrent jurisdiction available
113. Removal ends possibility of trial without jury

Division 9--Appeal and review
Subdivision 1--General

114. Appeal rights generally
115. Community based orders stayed during appeal
Subdivision 2--Court of Appeal
116. Appeals to Court of Appeal
Subdivision 3--Appeals to Childrens Court judge
117. Appeals under Justices Act 1886, pt 9, div 1
Subdivision 4--Reviews of sentences by Childrens Court judge
118. Sentence review
119. Application for review
120. Preliminary procedure
121. Stay of proceeding and suspension of orders
122. Conduct of review
123. Review decision
124. Interrelation with other types of appeal
125. Incidents of review
126. Orders at end of reviews

Division 10--Mistake in exercise of jurisdiction

127. Meaning of proceeding
128. Court may reopen proceedings
129. Removal of a proceeding because of lack of jurisdiction
130. Lack of jurisdiction discovered in course of a proceeding
131. Lack of jurisdiction discovered after proceeding ends

Division 11--Child offenders who become adults
Subdivision 1--Preliminary

132. Definitions for pt 6, div 11
133. Reference to offence includes alleged offence
Subdivision 2--General
134. Offender treated as child
Subdivision 3--Where offender is to be detained
135. Offender remanded in custody for adult offence
136. Offender remanded in custody for child offence
137. Offender remanded in custody for adult offence and child offence
138. Dealing with offender held in corrective services facility
139. Application to be held in detention centre
Subdivision 4--Circumstances affecting whether offender is treated as adult or child
140. When offender must be treated as an adult
141. When offender may be treated as an adult
142. Continuing effect on offender of orders made when child
143. When order made as child may be dealt with as adult order
144. Sentencing offender as adult
145. Chief executive (corrective services) to be notified if offender sentenced as adult
146. Extension of Act for detainee offender

Division 12--Some provisions about admissibility of childhood offences

147. Use of evidence of cautions and conferences in deciding issue of criminal responsibility
148. Evidence of childhood finding of guilt not admissible against adult

Part 7--Sentencing

Division 1--Sentencing generally

149. Jurisdiction to sentence child exclusive
150. Sentencing principles
151. Pre-sentence report
152. Pre-sentence report evidence
153. Disclosure of pre-sentence report
154. Finding of guilt as child may be disclosed while a child
155. Mandatory sentence provisions inapplicable
156. Preference to be given to compensation and restitution
157. Outstanding charge may be taken into account on sentence
158. Children entitled to explanation of sentence
159. Audio visual link or audio link may be used to sentence
160. Copy of court order to be given to child, parent etc.

Division 2--Court referred conferences before sentencing
Subdivision 1--Initial reference procedure

161. Reference by court to a coordinator for a conference
162. Reference back to court from conference
Subdivision 2--Indefinite referral
163. If an agreement is made on an indefinite referral by a court
164. Powers of proper officer if indefinite referral is unsuccessful or if child contravenes agreement made on court's indefinite referral
Subdivision 3--Court dealing with offence after referral to a conference before sentence
165. If an agreement is made on a referral by a court to a conference before sentence
Subdivision 4--No further action instead of sentence
166. Court may take no further action if agreement is made

Division 3--Court referred drug assessment and education sessions before sentencing
Subdivision 1--Interpretation

167. Definitions for div 3
168. Meaning of eligible child
169. Meaning of eligible drug offence
170. Meaning of disqualifying offence
171. Meaning of approved provider
Subdivision 2--Reference and consequences
172. Reference to drug assessment and education session by court
173. If child attends drug assessment and education session
174. If child fails to attend drug assessment and education session

Division 4--Orders on children found guilty of offences

175. Sentence orders—general
176. Sentence orders—serious offences
177. More than 1 type of order may be made for a single offence
178. Combination of probation and community service orders
179. Combination of intensive supervision order and probation or detention order prohibited
180. Combination of detention order and other orders
181. Other orders
182. Orders may be combined in 1 form
183. Recording of conviction
184. Considerations whether or not to record conviction
185. Judge may delegate sentencing power to magistrate
186. Reference of case to Childrens Court judge for sentence
187. Reference to complying with, or contravening, an order

Division 5--Good behaviour orders

188. Good behaviour order
189. Breach of conditions

Division 6--Fines

190. Child's capacity to pay fine to be considered
191. Requirements of fine order
192. Proper officer's application on breach

Division 7--Probation orders

193. Probation orders—requirements
194. Child must be willing to comply

Division 8--Community service orders

195. Preconditions to making of community service order
196. Requirements to be set out in community service order
197. Obligation of chief executive
198. Community service to be performed within limited period
199. Multiple or successive community service orders
200. Limitation on number of hours of community service
201. Cumulative effect of child and adult community service orders
202. Ending of community service order

Division 9--Intensive supervision order

203. Preconditions to making of intensive supervision order
204. Intensive supervision order—requirements
205. Program period
206. Suspension of intensive supervision program

Division 10--Detention order
Subdivision 1--Initial order

207. Pre-sentence report must be obtained before detention order sentence
208. Detention must be only appropriate sentence
209. Court's reasons for detention order to be stated and recorded
210. Detention to be served in detention centre
211. Commencement of detention period
212. Detention orders ordinarily concurrent
213. Court may order detention period to be cumulative
214. Limitation on cumulative orders
215. Period of escape, mistaken release or release pending appeal not counted as detention
216. Application for variation of detention order in interests of justice
217. Multiple orders of detention and imprisonment against person as adult and child
218. Period of custody on remand to be treated as detention on sentence
Subdivision 2--Conditional release order
219. Purpose of conditional release order
220. Conditional release order
221. Conditional release order—requirements
222. Child must be willing to comply
223. Pre-sentence report must include particular comments
224. Effect of program period ending
225. Program period
226. Suspension of program
Subdivision 3--Release after fixed period of detention
227. Release of child after service of period of detention
228. Chief executive's supervised release order
229. Child may be released from detention while absent from place of detention
230. Release period counts as part of detention period
231. Cancellation of supervised release order
Subdivision 4--Release for life sentences
232. Application of sdiv 4
233. Application of parole provisions
Subdivision 5--Publication orders
234. Court may allow publication of identifying information

Division 11--Restitution and compensation

235. Restitution, compensation

Division 12--Contravention of community based orders and related matters

236. Reference to child
237. Chief executive must warn child about contravention
238. Chief executive's application on contravention
239. Cancellation of warrant
240. General options available on breach of order
241. General options available to superior court to which child committed for breach
242. General options available to court before which child found guilty of an indictable offence
243. Court may resentence child originally sentenced by lower court
244. General options available to court to which child committed for breach by indictable offence
245. Court's power on breach of order other than conditional release order
246. Court's power on breach of conditional release order
247. Variation, discharge and resentence in the interests of justice
248. Detention reduced to the extent just
249. Matters relevant to making further order
250. Affidavits may be used in certain proceedings
251. Notice of discharge etc. of community based order
252. Variations by consent

Division 13--Application of Transport Operations (Road Use Management) Act 1995

253. Application of Transport Operations (Road Use Management) Act 1995 generally
254. Disqualification

Division 14--Order for identifying particulars to be taken

255. Court may order sentenced child's identifying particulars to be taken

Division 15--Application of Criminal Offence Victims Act 1995

256. Criminal Offence Victims Act 1995

Division 16--Orders against parent

257. Interpretation
258. Notice to parent of child offender
259. Show cause hearing
260. Recovery of unpaid compensations amount

Part 8--Detention administration

Division 1--Administration

261. Application of Corrective Services Act 2006
262. Establishment of detention centres and other places
263. Management of detention centres
264. Authorisations for Mental Health Act 2000

Division 2--Children in detention centres

265. Where children to be detained
266. Authority for admission to detention centre
267. Child must be given information on entry to detention centre
268. Obligation to report harm to children in detention centres
269. Leave of absence
270. Childrens Court may order transfer to prison
271. Chief executive may authorise treatment
272. Ordinary visitor
273. Commissioner of police service to provide criminal history
274. Use of criminal history information
275. Helping child gain access to lawyer
276. Protection of lawyer representing child

Division 3--Complaints

277. Complaints generally

Division 4--Offences

278. Escape
279. Offences relating to detention centres

Division 5--Child of detainee

280. Child of detainee may be accommodated in detention centre
281. Registration of birth of child of detainee

Division 6--Trust fund

282. Detainees trust fund to be kept

Part 9--Confidentiality

Division 1--Preliminary

283. Confidential information to which this part applies
284. Definitions for pt 9
285. When does someone gain information through involvement in the administration of this Act
286. Meaning of disclose for pt 9

Division 2--Preservation of confidentiality generally

287. Application
288. Preservation of confidentiality
289. Recording, use or disclosure for authorised purpose
289A. Disclosure to another member of the community justice group in a child's community
290. Disclosure to the child or with the child's consent
291. Disclosure to Commissioner for Children and Young People and Child Guardian
292. Disclosure to ensure someone's safety
293. Disclosure by chief executive to approved carers and others
294. Disclosure to law enforcement entity in another jurisdiction
295. Disclosure by police of information about cautions and youth justice conferences and agreements
296. Disclosure by coordinator or convenor of information about conference agreements
297. Disclosure by chief executive of information for research purposes
297A. Making information available for Child Protection Act 1999

Division 3--Confidentiality in relation to proceedings

298. Disclosure of information to court or tribunal
299. Production of department's records

Division 4--Other matters relating to confidential information

300. Identity of officer making a report under s 268
301. Prohibition of publication of identifying information about a child
301A. Protection from liability

Part 10--General

302. Programs and services for children
303. Chief executive must collect and keep information
304. Police may help in keeping child in custody
305. Parent entitled to know of whereabouts of child in custody
306. Approved forms
307. Evidence
308. Proceeding for offence
309. Extension of time for payment of amounts
310. Enforcement of child payments
311. Enforcement of sentence by calendar
312. Delegation
313. Delegation of powers by proper officer
314. Regulations

Part 11--Transitional provisions

Division 1--Transitional provision for Juvenile Justice Legislation Amendment Act 1996

315. Application of Act to matters before Juvenile Justice Legislation Amendment Act 1996

Division 2--Transitional provisions for Juvenile Justice Legislation Amendment Act 1998

316. Transfer of staff
317. Disciplinary proceedings
318. Transfer of amounts held on trust for detainees
319. Termination of contracts

Division 3--Transitional provisions for the Juvenile Justice Amendment Act 2002
Subdivision 1--Interpretation

320. Definitions for pt 11, div 3
Subdivision 2--References
321. References to community conference
322. Immediate release orders and fixed release orders
323. References to attendance notices
Subdivision 3--Investigation provisions
324. Statements
325. Identifying particulars
Subdivision 4--Cautions and community conferences
326. Cautioning
327. Community conferencing
Subdivision 5--Start of proceedings
328. Start of proceedings by a police officer
Subdivision 6--Bail and custody of children
329. Police decision about bail or a related matter
Subdivision 7--Jurisdiction and proceedings
330. Generally in relation to new pt 6
331. Transitional provision for current pt 4, divs 2-5
332. Transitional provision for appeals under Justices Act 1886, pt 9, div 1
333. Child offender who becomes an adult
Subdivision 8--Sentencing
334. Sentencing generally
335. Current community based orders made by District Court
336. Contravention of a current probation order
337. Cumulative effect of child and adult community service orders
338. Contravention of a community service order
339. Contravention of a conditional release order
340. Contravention of community based orders generally

Division 4--Transitional provision for Summary Offences Act 2005

341. Vagrants, Gaming and Other Offences Act 1931

Division 5--Transitional provision for Criminal Code and Other Acts Amendment Act 2008

342. Reference to particular offence
SCHEDULE 1 CHARTER OF JUVENILE JUSTICE PRINCIPLES
SCHEDULE 2 REGULATION-MAKING POWER
SCHEDULE 4 DICTIONARY
Endnotes

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