Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 124

124 Interrelation with other types of appeal

(1) If a child starts a proceeding for an ordinary appeal against a sentence order—

(a) an application by the child for a sentence review of the sentence order can not be started; and

(b) any application by the child for a sentence review of the sentence order pending at the start of the proceeding for an ordinary appeal lapses.

(2) If—

(a) a child starts a proceeding for an ordinary appeal against a finding of guilt against the child in relation to which a sentence order was made; or

(b) a person other than a child against whom a sentence order has been made starts a proceeding for an ordinary appeal against the sentence order;

a Childrens Court judge can not proceed to hear and decide any pending application by the child for a sentence review against the sentence order until the ordinary appeal is finished.

(3) If—

(a) a complainant or arresting officer applies for a sentence review of a sentence order made against a child; and

(b) the child starts a proceeding for an ordinary appeal against the sentence order or the finding of guilt for which it was made;

a Childrens Court judge can not proceed to hear and decide the application for the sentence review until the ordinary appeal is finished.

(4) In this section—

"application" by a child for a sentence review, includes an application by the chief executive acting in the child’s interests.

"ordinary appeal" means—

(a) an appeal or application for leave to appeal under the Criminal Code , chapter 67 ; or

(b) an appeal under the Justices Act 1886 , part 9 .

"sentence review" means a review under section 118 of a sentence order.