Stay of proceeding and suspension of orders
121 Stay of proceeding and suspension of orders
Without affecting—
another power to stay the effect of an order of a court; or
the operation of a law that has that effect;
a Childrens Court judge may order a stay of all or any proceedings under a sentence order that is subject to a review application under this division.
The Childrens Court judge may impose conditions the judge considers appropriate on the stay.
Without limiting subsections (1) and (2), if a community based order is subject to a review under this division, the effect of the order is stayed until the end of the review.
If the period for which the community based order operates is relevant to the effect of the order or a program or anything else under the order, the period between the start and end of the review is not counted for the purpose of the effect of the order, program or other thing.
If a Childrens Court judge orders a stay of a proceeding under a sentence order, the proper officer of the Childrens Court at the place where the Childrens Court judge is sitting must notify the chief executive of the making of the order.
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