Criminal Law (Raising the Age of Responsibility) Amendment Bill 2021* (Qld)

An Act to amend the Criminal Code and the Youth Justice Act 1992 to raise the age of criminal responsibility to 14 years The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Criminal Law (Raising the Age of Responsibility) Amendment Act 2021.

Part 2 Amendment of Criminal Code

2 Code amended This part amends the Criminal Code.

3 Replacement of s 29 (Immature age) Section 29— omit, insert—

29 Immature age A person under the age of 14 years is not criminally responsible for any act or omission.

Part 3 Amendment of Youth Justice Act 1992

4 Act amended This part amends the Youth Justice Act 1992.

5 Insertion of new pt 11 , div 20 Part 11— insert—

Division 20 Transitional provisions for Criminal Law (Raising the Age of Responsibility) Amendment Act 2021

407 Application of division (1) This division applies to a person who, before the commencement, committed an offence when the person was under the age of 14 years. (2) This division applies despite any law to the contrary. (3) Without limiting subsection (2), to the extent of any inconsistency between this division and any of the following Acts, this division prevails— (a) this Act, other than this division; (b) the Criminal Law (Rehabilitation of Offenders) Act 1986; (c) the Police Powers and Responsibilities Act 2000. (4) To remove any doubt, it is declared that this division applies to the person regardless of whether the person is still a child when this division commences.

408 Ending proceedings and punishment (1) A police officer may not— (a) take any alternative action against the person for the offence; or (b) start a proceeding against the person for the offence. (2) On the commencement— (a) any alternative action taken by a police officer against the person for the offence, that is still in effect, ends; and (b) if the person is under arrest by a police officer for the offence, the arrest ends; and (c) a notice to appear or a summons for the offence ceases to have effect; and (d) a warrant for the arrest of the person on a charge for the offence ceases to have effect; and (e) if the person is on bail for the offence, the bail ends; and (f) a proceeding before a court in which the person is charged with the offence ends; and (g) all consequences for the offence under this Act cease to be enforceable against the person or any other person, including, for example— (i) a sentence order; and (ii) a community based order. (3) In this section— alternative action means action mentioned in section 11(1)(b) to (e).