Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 135

135 Where offender is detained for adult offence

(1) This section applies if the offender is—

(a) being held on remand, in the chief executive’s custody, in connection with a charge of a child offence; or

(b) serving a period of detention, in a detention centre, for a child offence; or

(c) otherwise being held in custody in a detention centre.

(2) If a court remands the offender in custody in connection with a charge of an adult offence, section 56 applies as if the offender were still a child.

(3) Any term of imprisonment to which the offender is sentenced for an adult offence must be served in a detention centre.

(4) The requirement that the offender be held on remand in the chief executive’s custody under subsection (2) , or serve a term of imprisonment in a detention centre under subsection (3) , applies only while the offender continues to be held in custody in the detention centre other than under this section.

(5) The part of a term of imprisonment served in a detention centre under subsection (3) must be counted as part of the term of imprisonment.

(6) Subsection (3) does not limit part 8 , division 2A .