QLDIn ForceAct
Youth Justice Act 1992
sec.415Validation of holding of child remanded in custody before commencement
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### sec.415 Validation of holding of child remanded in custody before commencement
This section applies if, before the commencement—
a child was remanded in custody by a court; and
the child was subsequently held by the commissioner of the police service; and
the court did not make an order under former section 56(4) in relation to the child.
The child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner.
Anything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had made an order under former section 56(4) in relation to the child.
To remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith.
s 415 ins 2023 No. 21 s 82
(sec.415-ssec.1) This section applies if, before the commencement— a child was remanded in custody by a court; and the child was subsequently held by the commissioner of the police service; and the court did not make an order under former section 56(4) in relation to the child.
(sec.415-ssec.2) The child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner.
(sec.415-ssec.3) Anything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had made an order under former section 56(4) in relation to the child.
(sec.415-ssec.4) To remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith.
- (a) a child was remanded in custody by a court; and
- (b) the child was subsequently held by the commissioner of the police service; and
- (c) the court did not make an order under former section 56(4) in relation to the child.