QLDIn ForceAct
Youth Justice Act 1992
sec.209Court’s reasons for detention order to be stated and recorded
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### sec.209 Court’s reasons for detention order to be stated and recorded
A court that makes a detention order against a child must—
state its reasons in court; and
cause the reasons to be reduced to writing and kept by the proper officer of the court with the documents relating to the proceeding.
However, a court need not comply with subsection (1) (b) if the reasons are recorded under the Recording of Evidence Act 1962 .
Subject to subsection (4) , a court’s failure to comply with subsection (1) does not affect the sentence order.
A court considering the sentence order on appeal or review must take into account a failure to comply with subsection (1) (a) and give the failure the weight it considers appropriate.
s 209 amd 2014 No. 9 s 12A ; 2016 No. 38 s 27 ; 2024 No. 47 s 77
(sec.209-ssec.1) A court that makes a detention order against a child must— state its reasons in court; and cause the reasons to be reduced to writing and kept by the proper officer of the court with the documents relating to the proceeding.
(sec.209-ssec.2) However, a court need not comply with subsection (1) (b) if the reasons are recorded under the Recording of Evidence Act 1962 .
(sec.209-ssec.3) Subject to subsection (4) , a court’s failure to comply with subsection (1) does not affect the sentence order.
(sec.209-ssec.4) A court considering the sentence order on appeal or review must take into account a failure to comply with subsection (1) (a) and give the failure the weight it considers appropriate.
- (a) state its reasons in court; and
- (b) cause the reasons to be reduced to writing and kept by the proper officer of the court with the documents relating to the proceeding.