Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 216

216 Application for variation of detention order in interests of justice

(1) This section applies to a child who—

(a) is unlawfully at large while subject to a detention order for an offence (the
"original" order and offence); and

(b) is held in custody in another State for another offence committed in the other State or on a charge of an offence allegedly committed in the other State (the
"interstate custody" ).

(2) An application may be made at any time to the court that made the original order to change the original order in the interests of justice.

(3) The application may be made by the child or the chief executive, acting in the interests of the child.

(4) If the application is not made by the chief executive, notice of the application must be given to the chief executive.

(5) On the application the court may—

(a) take no action; or

(b) order all or part of the period of interstate custody to be a period of detention taken to have been served under the original order.

(6) An order under subsection (5) (b) has effect even if the period of interstate custody is required to be served, concurrently or cumulatively, with a period of custody imposed because of an offence, other than the original offence, committed in Queensland or elsewhere.