QLDIn ForceAct
District Court of Queensland Act 1967
sec.61ANo general criminal jurisdiction over a child
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### sec.61A No general criminal jurisdiction over a child
The District Court does not have jurisdiction to try a child charged with an indictable offence, unless otherwise expressly provided by an Act.
Subject to this division, the District Court has jurisdiction—
to try a child on an indictment in which the child is also charged as an adult with an offence; or
to try a child in proceedings removed to the court under the Youth Justice Act 1992 , part 6 , division 8 , subdivision 2 ; or
to sentence a child for an offence if the child is appearing before it also for sentence as an adult on a charge of an offence.
In exercising jurisdiction to sentence a child under subsection (2) , the court may also sentence the child under the Criminal Code , section 651 .
s 61A ins 2002 No. 39 s 150
amd 1992 No. 44 s 341 sch 3 (ins 2002 No. 39 ss 115 , 118 ); 2009 No. 34 s 45 (1) sch pt 1 ; 2016 No. 58 s 10 sch 1
(sec.61A-ssec.1) The District Court does not have jurisdiction to try a child charged with an indictable offence, unless otherwise expressly provided by an Act.
(sec.61A-ssec.2) Subject to this division, the District Court has jurisdiction— to try a child on an indictment in which the child is also charged as an adult with an offence; or to try a child in proceedings removed to the court under the Youth Justice Act 1992 , part 6 , division 8 , subdivision 2 ; or to sentence a child for an offence if the child is appearing before it also for sentence as an adult on a charge of an offence.
(sec.61A-ssec.3) In exercising jurisdiction to sentence a child under subsection (2) , the court may also sentence the child under the Criminal Code , section 651 .
- (a) to try a child on an indictment in which the child is also charged as an adult with an offence; or
- (b) to try a child in proceedings removed to the court under the Youth Justice Act 1992 , part 6 , division 8 , subdivision 2 ; or
- (c) to sentence a child for an offence if the child is appearing before it also for sentence as an adult on a charge of an offence.