QLDIn ForceAct
Youth Justice Act 1992
sec.241General options available to superior court to which child committed for breach
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### sec.241 General options available to superior court to which child committed for breach
This section applies if—
the chief executive applies to a Childrens Court magistrate under section 238 for a finding that a child has breached a community based order; and
under section 240 (3) (a) , the magistrate orders the child to appear before the Supreme Court or a Childrens Court judge (the higher court ); and
the higher court is satisfied beyond reasonable doubt of the matter alleged against the child in the chief executive’s application.
The higher court may take the following action—
for an order other than a conditional release order—any action allowed by section 245 ;
for a conditional release order—any action allowed by section 246 or 246A .
The proceeding before the higher court must be heard and decided by a judge sitting without a jury.
s 241 ins 2002 No. 39 s 98
amd 2012 No. 41 s 29 ; 2014 No. 9 s 15B ; 2016 No. 38 s 36 ; 2023 No. 3 s 24
(sec.241-ssec.1) This section applies if— the chief executive applies to a Childrens Court magistrate under section 238 for a finding that a child has breached a community based order; and under section 240 (3) (a) , the magistrate orders the child to appear before the Supreme Court or a Childrens Court judge (the higher court ); and the higher court is satisfied beyond reasonable doubt of the matter alleged against the child in the chief executive’s application.
(sec.241-ssec.2) The higher court may take the following action— for an order other than a conditional release order—any action allowed by section 245 ; for a conditional release order—any action allowed by section 246 or 246A .
(sec.241-ssec.3) The proceeding before the higher court must be heard and decided by a judge sitting without a jury.
- (a) the chief executive applies to a Childrens Court magistrate under section 238 for a finding that a child has breached a community based order; and
- (b) under section 240 (3) (a) , the magistrate orders the child to appear before the Supreme Court or a Childrens Court judge (the higher court ); and
- (c) the higher court is satisfied beyond reasonable doubt of the matter alleged against the child in the chief executive’s application.
- (a) for an order other than a conditional release order—any action allowed by section 245 ;
- (b) for a conditional release order—any action allowed by section 246 or 246A .