Queensland Consolidated Acts

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YOUTH JUSTICE ACT 1992 - SECT 227

Release of child after service of period of detention

227 Release of child after service of period of detention

(1) Unless a court makes an order under subsection (2) , a child sentenced to serve a period of detention must be released from detention after serving 70% of the period of detention.
(2) A court may order a child to be released from detention after serving 50% or more, and less than 70%, of a period of detention if it considers that there are special circumstances, for example to ensure parity of sentence with that imposed on a person involved in the same or related offence.
(3) However, a court may not make an order under subsection (2) if—
(a) the child has, at any time, been found guilty of a terrorism offence; or
(b) the child is the subject of a Commonwealth control order; or
(c) the court is satisfied the child has promoted terrorism.
(4) If the child is entitled under section 218 to have a period of custody pending the proceeding (the
"custody period" ) treated as detention on sentence, the period before the child is released under this section must be reduced by the custody period.
Example—
C is sentenced to 10 weeks detention. C spent 2 weeks on remand before sentence. The chief executive must make a supervised release order releasing the child 5 weeks after sentence, which is 70% of 10 weeks with a further reduction of 2 weeks.



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