sec.252DGeneral options available to a Childrens Court magistrate on chief executive’s application

### sec.252D General options available to a Childrens Court magistrate on chief executive’s application This section applies if— a complaint is made under section 252C (2) that a child has contravened a supervised release order; and the child appears before a Childrens Court magistrate; and the magistrate is satisfied beyond reasonable doubt that the contravention has happened. If the magistrate considers the child should be given a further opportunity to satisfy the conditions of the order, the magistrate may order that no further action be taken. If subsection (2) does not apply, the magistrate may act under subsection (4) or (5) . If the unexpired part of the child’s sentence is the prescribed period or less, the magistrate may— order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or order the child to be returned to the detention centre for the unexpired part of the child’s sentence. If the unexpired part of the child’s sentence is more than the prescribed period, the magistrate may order the child to appear before the original sentencing court. In this section— prescribed period means— for a sentence imposed under section 175A —3 years; or otherwise—1 year. s 252D ins 2009 No. 34 s 37 amd 2024 No. 54 s 29B (sec.252D-ssec.1) This section applies if— a complaint is made under section 252C (2) that a child has contravened a supervised release order; and the child appears before a Childrens Court magistrate; and the magistrate is satisfied beyond reasonable doubt that the contravention has happened. (sec.252D-ssec.2) If the magistrate considers the child should be given a further opportunity to satisfy the conditions of the order, the magistrate may order that no further action be taken. (sec.252D-ssec.3) If subsection (2) does not apply, the magistrate may act under subsection (4) or (5) . (sec.252D-ssec.4) If the unexpired part of the child’s sentence is the prescribed period or less, the magistrate may— order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or order the child to be returned to the detention centre for the unexpired part of the child’s sentence. (sec.252D-ssec.5) If the unexpired part of the child’s sentence is more than the prescribed period, the magistrate may order the child to appear before the original sentencing court. (sec.252D-ssec.6) In this section— prescribed period means— for a sentence imposed under section 175A —3 years; or otherwise—1 year. - (a) a complaint is made under section 252C (2) that a child has contravened a supervised release order; and - (b) the child appears before a Childrens Court magistrate; and - (c) the magistrate is satisfied beyond reasonable doubt that the contravention has happened. - (a) order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or - (b) order the child to be returned to the detention centre for the unexpired part of the child’s sentence. - (a) for a sentence imposed under section 175A —3 years; or - (b) otherwise—1 year.