Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 242

242 General options available to court before which child found guilty of an indictable offence

(1) This section applies if—

(a) a child commits an indictable offence while the child is subject to a community based order; and

(b) a court finds the child guilty of the offence.

(2) If the order was made by the court, it may take the following action—

(a) for an order other than a conditional release order—any action allowed by section 245 ;

(b) for a conditional release order—any action allowed by section 246 or 246A .

(3) If the order was not made by the court, it may take the following action—

(a) if it considers that, having regard to the circumstances of the offence, the order should be discharged and the child resentenced for the offence in respect of which the order was made—order the child to appear before the court that made the order or, if it may act under section 243 , act under that section;

(b) otherwise—

(i) for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or

(ii) for a conditional release order—deal with the child under section 246 (3) or 246A (3) .

(4) If the court orders the child to appear before another court under subsection (3) (a) , it may commit the child to custody or release the child under part 5 to be brought or to appear before the other court.