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Youth Justice Act 2005
27Youth to be brought before Court promptly
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27 Youth to be brought before Court promptly
(1) If a youth is charged with an offence and is not released from
custody, the youth must be brought before the Court:
(a) as soon as practicable and within 24 hours after the charge; or
(b) on the next business day after the charge.
(2) The youth may be brought before the Court by audiovisual link or
by telephone.
(3) Subject to subsection (6), if the youth is not brought before the
Court in accordance with subsection (1), the person in whose
custody the youth is being held must immediately release the youth.
(4) The person in whose custody the youth is being held may apply to
a Local Court Judge to extend the time mentioned in subsection (1).
(5) The application to the Judge may be made by audiovisual link or by
telephone.
(6) The Judge may grant the extension of time if the Judge is satisfied
that circumstances beyond the control of the person in whose
custody the youth is being held prevent the person from bringing
the youth before the Court in accordance with subsection (1).
Examples of circumstances for subsection (6) include the following:
(a) an emergency situation or natural disaster that causes delays in
transportation arrangements for the youth;
Youth Justice Act 2005 19
(b) a weather event that causes delays in transportation arrangements for
the youth;
(c) riotous conduct in a remote community where the youth is located which
prevents the youth from being transported to the Court;
(d) the youth requires medical attention;
(e) the equipment required to bring the youth before the Court has failed;
(f) there is a safety or security concern in transporting the youth to the
(7) If the Judge grants the extension of time under subsection (6), the
Judge must make orders in relation to when and how the youth
must be brought before the Court.