sec.243Court may resentence child originally sentenced by lower court

### sec.243 Court may resentence child originally sentenced by lower court This section applies to a court acting under section 242 (3) (a) in relation to a community based order that it did not make. If the court is the Supreme Court or a Childrens Court judge and the court that made the order is a Childrens Court magistrate, it may make a sentence order under the following provisions that a Childrens Court magistrate could make in the same circumstances— for an order other than a conditional release order— section 245 (1) (d) (ii) ; for a conditional release order— section 246 (2) or 246A (2) . A sentence order made under subsection (2) — for the purposes of an appeal, is taken to be a sentence order made on indictment; but for all other purposes, is taken to be a sentence order made by a Childrens Court magistrate. If the court is the Supreme Court and the court that made the order is a Childrens Court judge, it may make a sentence order under the following provisions that a Childrens Court judge could make in the same circumstances— for an order other than a conditional release order— section 245 (1) (d) (ii) ; for a conditional release order— section 246 (2) or 246A (2) . A sentence order made under subsection (4) is taken to be a sentence order made by the Childrens Court judge. s 243 ins 2002 No. 39 s 98 amd 2012 No. 41 s 31 ; 2014 No. 9 s 15D ; 2016 No. 38 s 38 ; 2023 No. 3 s 25A (sec.243-ssec.1) This section applies to a court acting under section 242 (3) (a) in relation to a community based order that it did not make. (sec.243-ssec.2) If the court is the Supreme Court or a Childrens Court judge and the court that made the order is a Childrens Court magistrate, it may make a sentence order under the following provisions that a Childrens Court magistrate could make in the same circumstances— for an order other than a conditional release order— section 245 (1) (d) (ii) ; for a conditional release order— section 246 (2) or 246A (2) . (sec.243-ssec.3) A sentence order made under subsection (2) — for the purposes of an appeal, is taken to be a sentence order made on indictment; but for all other purposes, is taken to be a sentence order made by a Childrens Court magistrate. (sec.243-ssec.4) If the court is the Supreme Court and the court that made the order is a Childrens Court judge, it may make a sentence order under the following provisions that a Childrens Court judge could make in the same circumstances— for an order other than a conditional release order— section 245 (1) (d) (ii) ; for a conditional release order— section 246 (2) or 246A (2) . (sec.243-ssec.5) A sentence order made under subsection (4) is taken to be a sentence order made by the Childrens Court judge. - (a) for an order other than a conditional release order— section 245 (1) (d) (ii) ; - (b) for a conditional release order— section 246 (2) or 246A (2) . - (a) for the purposes of an appeal, is taken to be a sentence order made on indictment; but - (b) for all other purposes, is taken to be a sentence order made by a Childrens Court magistrate. - (a) for an order other than a conditional release order— section 245 (1) (d) (ii) ; - (b) for a conditional release order— section 246 (2) or 246A (2) .