QLDIn ForceAct
Youth Justice Act 1992
sec.141When offender may be treated as an adult
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### sec.141 When offender may be treated as an adult
This section applies if—
a proceeding has started against an offender for a child offence in the way provided in this Act for a child (the childhood proceeding ); and
by the time 1 year has passed after the offender becomes an adult—
the childhood proceeding has not been completed to a finding of guilty or not guilty; and
the offender, for another offence—
is proceeded against as an adult; or
has been sentenced as an adult.
The court hearing the childhood proceeding may decide to continue the proceeding as if the offender were an adult when the child offence was committed.
For subsection (2) , the Childrens Court may continue the proceeding in its concurrent jurisdiction.
If the offender is found guilty, the offender must be sentenced as an adult.
This section applies despite section 140 (2) .
s 141 prev s 141 amd 1996 No. 22 s 51
om 2002 No. 39 s 72
pres s 141 ins 1996 No. 22 s 34
amd 2002 No. 39 s 44
(sec.141-ssec.1) This section applies if— a proceeding has started against an offender for a child offence in the way provided in this Act for a child (the childhood proceeding ); and by the time 1 year has passed after the offender becomes an adult— the childhood proceeding has not been completed to a finding of guilty or not guilty; and the offender, for another offence— is proceeded against as an adult; or has been sentenced as an adult.
(sec.141-ssec.2) The court hearing the childhood proceeding may decide to continue the proceeding as if the offender were an adult when the child offence was committed.
(sec.141-ssec.3) For subsection (2) , the Childrens Court may continue the proceeding in its concurrent jurisdiction.
(sec.141-ssec.4) If the offender is found guilty, the offender must be sentenced as an adult.
(sec.141-ssec.5) This section applies despite section 140 (2) .
- (a) a proceeding has started against an offender for a child offence in the way provided in this Act for a child (the childhood proceeding ); and
- (b) by the time 1 year has passed after the offender becomes an adult— (i) the childhood proceeding has not been completed to a finding of guilty or not guilty; and (ii) the offender, for another offence— (A) is proceeded against as an adult; or (B) has been sentenced as an adult.
- (i) the childhood proceeding has not been completed to a finding of guilty or not guilty; and
- (ii) the offender, for another offence— (A) is proceeded against as an adult; or (B) has been sentenced as an adult.
- (A) is proceeded against as an adult; or
- (B) has been sentenced as an adult.
- (i) the childhood proceeding has not been completed to a finding of guilty or not guilty; and
- (ii) the offender, for another offence— (A) is proceeded against as an adult; or (B) has been sentenced as an adult.
- (A) is proceeded against as an adult; or
- (B) has been sentenced as an adult.
- (A) is proceeded against as an adult; or
- (B) has been sentenced as an adult.