QLDIn ForceAct
Youth Justice Act 1992
sec.42Preferred way of starting proceedings
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### sec.42 Preferred way of starting proceedings
A proceeding against a child for an offence, other than a serious offence, must be started by way of complaint and summons.
This section does not apply to a police officer.
The requirement for a police officer to start a proceeding by complaint and summons or notice to appear is dealt with by section 12 .
This section does not affect—
the charging of a child under the Justices Act 1886 , section 42 (1A) ; or
the arrest of a child for escaping from lawful custody or who is unlawfully at large; or
a proceeding against a child on an indictment.
s 42 sub 2002 No. 39 s 9
amd 2014 No. 9 s 3A ; 2016 No. 38 s 5
(sec.42-ssec.1) A proceeding against a child for an offence, other than a serious offence, must be started by way of complaint and summons.
(sec.42-ssec.2) This section does not apply to a police officer. The requirement for a police officer to start a proceeding by complaint and summons or notice to appear is dealt with by section 12 .
(sec.42-ssec.3) This section does not affect— the charging of a child under the Justices Act 1886 , section 42 (1A) ; or the arrest of a child for escaping from lawful custody or who is unlawfully at large; or a proceeding against a child on an indictment.
- (a) the charging of a child under the Justices Act 1886 , section 42 (1A) ; or
- (b) the arrest of a child for escaping from lawful custody or who is unlawfully at large; or
- (c) a proceeding against a child on an indictment.