QLDIn ForceAct
Youth Justice Act 1992
sec.142Continuing effect on offender of orders made when child
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### sec.142 Continuing effect on offender of orders made when child
An order that may be made under this Act against a child ( the order ) may be made even though the person concerned will have ceased to be a child before the order’s effect will have ceased under its terms.
If a person against whom the order is made ceases to be a child before the order’s effect ceases under its terms—
the order continues to apply as if the person continued to be a child; and
other proceedings and orders arising out of the order that could have been taken or made in relation to the person had the person remained a child must be taken or made as if the person were a child.
For subsection (2) , a reference in this Act to a child subject to an order who commits an offence or contravenes the order is declared to include a reference to the child committing the offence or contravening the order while subject to the order after becoming an adult.
Subsection (3) does not limit subsection (2) .
If—
a proceeding or order mentioned in subsection (2) (b) may be taken before, or made by, a court if a person is found guilty of an offence before the court; and
the person is found guilty before a Magistrates Court of an adult offence;
the court has concurrent jurisdiction to hear the proceeding or make the order.
For subsection (5) , any judicial officer constituting the Magistrates Court may constitute the Childrens Court.
s 142 prev s 142 om 2002 No. 39 s 72
pres s 142 amd 1994 No. 87 s 3 sch 1 ; 1996 No. 22 s 35 ; 2002 No. 39 s 45
(sec.142-ssec.1) An order that may be made under this Act against a child ( the order ) may be made even though the person concerned will have ceased to be a child before the order’s effect will have ceased under its terms.
(sec.142-ssec.2) If a person against whom the order is made ceases to be a child before the order’s effect ceases under its terms— the order continues to apply as if the person continued to be a child; and other proceedings and orders arising out of the order that could have been taken or made in relation to the person had the person remained a child must be taken or made as if the person were a child.
(sec.142-ssec.3) For subsection (2) , a reference in this Act to a child subject to an order who commits an offence or contravenes the order is declared to include a reference to the child committing the offence or contravening the order while subject to the order after becoming an adult.
(sec.142-ssec.4) Subsection (3) does not limit subsection (2) .
(sec.142-ssec.5) If— a proceeding or order mentioned in subsection (2) (b) may be taken before, or made by, a court if a person is found guilty of an offence before the court; and the person is found guilty before a Magistrates Court of an adult offence; the court has concurrent jurisdiction to hear the proceeding or make the order.
(sec.142-ssec.6) For subsection (5) , any judicial officer constituting the Magistrates Court may constitute the Childrens Court.
- (a) the order continues to apply as if the person continued to be a child; and
- (b) other proceedings and orders arising out of the order that could have been taken or made in relation to the person had the person remained a child must be taken or made as if the person were a child.
- (a) a proceeding or order mentioned in subsection (2) (b) may be taken before, or made by, a court if a person is found guilty of an offence before the court; and
- (b) the person is found guilty before a Magistrates Court of an adult offence;