QLDIn ForceAct
Youth Justice Act 1992
sec.27Destruction of identifying particulars taken under court order
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### sec.27 Destruction of identifying particulars taken under court order
Identifying particulars taken from a child under an order under section 25 must be destroyed if the investigation for which the order was made does not result in a sentence order being made.
For subsection (1) , the destruction must happen within 7 days of whichever of the following happens last—
if the investigation is for an offence for which a proceeding had started when the order was made and the proceeding ends without a sentence order being made—the end of the proceeding;
if the investigation is for an offence for which a proceeding is started within 28 days after the order is made and the proceeding ends without a sentence order being made—the end of the proceeding;
if the investigation is for an offence for which a proceeding is not started within 28 days of the order—the end of the period of 28 days.
See the extended meaning of charged offence in section 25 .
An applicant who obtains an order to have identifying particulars taken from a child under section 25 must not fail to ensure the particulars are destroyed under this section, unless the applicant has a reasonable excuse for failing to do so.
A failure to comply with subsection (3) may be dealt with as a breach of discipline under the Police Service Administration Act 1990 .
s 27 sub 2002 No. 39 ss 7 , 9
amd 2012 No. 41 s 7
(sec.27-ssec.1) Identifying particulars taken from a child under an order under section 25 must be destroyed if the investigation for which the order was made does not result in a sentence order being made.
(sec.27-ssec.2) For subsection (1) , the destruction must happen within 7 days of whichever of the following happens last— if the investigation is for an offence for which a proceeding had started when the order was made and the proceeding ends without a sentence order being made—the end of the proceeding; if the investigation is for an offence for which a proceeding is started within 28 days after the order is made and the proceeding ends without a sentence order being made—the end of the proceeding; if the investigation is for an offence for which a proceeding is not started within 28 days of the order—the end of the period of 28 days. See the extended meaning of charged offence in section 25 .
(sec.27-ssec.3) An applicant who obtains an order to have identifying particulars taken from a child under section 25 must not fail to ensure the particulars are destroyed under this section, unless the applicant has a reasonable excuse for failing to do so.
(sec.27-ssec.4) A failure to comply with subsection (3) may be dealt with as a breach of discipline under the Police Service Administration Act 1990 .
- (a) if the investigation is for an offence for which a proceeding had started when the order was made and the proceeding ends without a sentence order being made—the end of the proceeding;
- (b) if the investigation is for an offence for which a proceeding is started within 28 days after the order is made and the proceeding ends without a sentence order being made—the end of the proceeding;
- (c) if the investigation is for an offence for which a proceeding is not started within 28 days of the order—the end of the period of 28 days.