Queensland Consolidated Acts

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JUVENILE JUSTICE ACT 1992 - SECT 27

27 Destruction of identifying particulars taken under court order

(1) Identifying particulars taken from a child under an order under section 25 must be destroyed if the investigation for which the order was made does not result in a sentence order being made.

(2) For subsection (1), the destruction must happen within 7 days of whichever of the following happens last--

(a) if the investigation is for an offence for which a proceeding had started when the order was made and the proceeding ends without a sentence order being made--the end of the proceeding;
(b) if the investigation is for an offence for which a proceeding is started within 28 days after the order is made and the proceeding ends without a sentence order being made--the end of the proceeding;
(c) if the investigation is for an offence for which a proceeding is not started within 28 days of the order--the end of the period of 28 days.
Note--
See the extended meaning of charged offence in section 25.

(3) An applicant who obtains an order to have identifying particulars taken from a child under section 25 must not fail to ensure the particulars are destroyed under this section, unless the applicant has a reasonable excuse for failing to do so.

(4) A failure to comply with subsection (3) may be dealt with as a breach of discipline under the Police Service Administration Act 1990.

(5) In this section--

end of the proceeding, in relation to the referral of an offence to a conference under section 161(3)(a)(i), means--

(a) the making of the relevant conference agreement; and
(b) the satisfactory completion of the requirements of the agreement.


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