VICIn ForceAct
Children, Youth and Families Act 2005
430RRight of appeal against sentence of detention imposed on appeal from Children's Court
Start here
Get a plain-English read of 430R
Turn the raw legal text into a practical explanation grounded in Children, Youth and Families Act 2005.
430R Right of appeal against sentence of detention imposed on appeal from Children's Court
***detention*** means detention in a youth justice centre or youth residential centre.
S. 430R(2) amended by No. 30/2010 s. 39.
(2) A person sentenced to a term of detention by an appellate court under section 426, 429 or 429C may appeal to the Court of Appeal against the sentence if—
(a) in the proceeding that is the subject of the appeal, the Children's Court had not ordered that the person be detained; and
(b) the Court of Appeal gives the person leave to appeal.
S. 430R(3) inserted by No. 1/2022 s. 57.
(3) Subsection (2) does not apply if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder.
S. 430S inserted by No. 68/2009 s. 69.