Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 136

136 Offender remanded in custody for child offence

(1) This section applies if—

(a) a court remands the offender in custody in connection with a charge of a child offence; and

(b) the offender is 18 years or older; and

(c) the offender is not—

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

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

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

(2) The offender must be held on remand in a corrective services facility, unless the court orders the offender to be remanded in a detention centre.

(3) The court may order the offender to be remanded in a detention centre only if the court is satisfied that remanding the offender in a detention centre—

(a) would be in the interests of justice; and

(b) would not prejudice the security or good order of the detention centre at which the offender is, or is to be, remanded; and

(c) would not prejudice the safety or wellbeing of any detainee at the detention centre at which the offender is, or is to be, remanded.

(4) Without limiting the matters the court may have regard to, the court must have regard to the following matters in making an order under subsection (2) —

(a) any vulnerability of the offender;

(b) any interventionist, rehabilitation or similar activities being undertaken by the offender and the availability of those activities if the offender were held on remand in a corrective services facility.

(5) For holding the offender at a corrective services facility the offender is taken to be a prisoner subject to the Corrective Services Act 2006 .