Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 138

138 Dealing with offender held in corrective services facility

(1) This section applies if the offender is being held on remand, serving a term of imprisonment, or otherwise being held in custody, in a corrective services facility.

(2) If a court remands the offender in custody in connection with a charge of a child offence, the offender must be held on remand in a corrective services facility.

(3) A period of detention to which the offender is sentenced for a child offence must be served in a corrective services facility.

(4) Subsection (2) or (3) continues to apply to the offender even if the offender ceases to be held in custody in a corrective services facility for any other reason.

(5) The period of detention served in a corrective services facility under subsection (3) must be counted as a period of detention.

(6) For holding the offender at a corrective services facility—

(a) the offender is liable to serve a term of imprisonment equal to the period of detention to which the offender is sentenced for the child offence; and

(b) the offender is taken to be a prisoner subject to the Corrective Services Act 2006 ; and

(c) the day the offender would otherwise have been released under section 227 , for the period of detention, is the day the offender is to be released on parole under the Corrective Services Act 2006 .

(7) However, the release is subject to the Corrective Services Act 2006 as if granted under a court ordered parole order (the
"statutory parole order" ) and the provisions of that Act applying to parole orders also apply to the statutory parole order.

(8) This section applies subject to section 139 .