Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 131

131 Lack of jurisdiction discovered after proceeding ends

(1) This section applies if a finding or order has been made in a proceeding—

(a) on the assumption that the person charged was a child, when the person was an adult; or

(b) on the assumption that the person charged was an adult, when the person was a child.

(2) Application may be made to the court that made the finding or order to set aside the finding or order.

(3) The application may be made by—

(a) a party to the proceeding; or

(b) if the person charged in the proceeding was a child—the chief executive acting in the child’s interests; or

(c) the director of public prosecutions.

(4) The application must be made—

(a) within 28 days after the error is discovered by the applicant; or

(b) by a later day that the court may at any time allow.

(5) On hearing the application, the court may set aside the finding or order and—

(a) make the finding or order the court considers should have been made in the first place, if necessary after deciding what facts the court when differently constituted must have found when making the finding or order set aside; or

(b) take any action or make any order that could have been made by the court if it had discovered the error immediately before making the finding or order.

(6) A court can not set aside an acquittal under this section or an order dismissing a charge or discharging a person.