Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 125

125 Powers of Magistrates Court that convicts offender of offence against s 123(1)

(1) This section applies if a Magistrates Court convicts the offender of an offence against section 123 (1) .

(2) The court may, in addition to, or instead of, dealing with the offender under section 123 (1) , admonish and discharge the offender or make 1 or more of the following orders—

(a) an order—

(i) requiring payment of an amount that was required to be paid by the community based order concerned and has not been paid; and

(ii) for the enforcement of payment of the amount as if it were then making the community based order;

(b) with the offender’s consent, an order to increase the number of hours for which the offender is required by the order to perform community service;

(ba) an order to increase the number of hours for which the offender is required by the order to perform graffiti removal service;

(c) an order extending the period of 1 year allowed for the offender to perform community service or graffiti removal service.

(3) The imposition of a fine under section 123 (1) or the making of an order mentioned in subsection (2) does not affect the continuation of the community based order.

(4) The court may also—

(a) if the community based order was made by a Magistrates Court—subject to section 126A , deal with the offender for the offence for which the community based order was made in any way that it could deal with the offender if the offender had just been convicted by it of the offence; or

(b) if the community based order was made by the Supreme Court or a District Court (the
"sentencing court" )—

(i) commit the offender into custody to be brought before the sentencing court; or

(ii) grant bail to the offender on the condition that the offender must appear before the sentencing court.

(5) If the offender is subject to 2 or more community based orders that were made by courts of different jurisdictions, an order under subsection (4) (b) may be made that the offender be brought or appear before whichever of the courts is the court of highest jurisdiction.

(6) In taking action under subsection (4) (a) , the court must have regard to—

(a) the making of the community based order; and

(b) anything done to comply with the requirements of the order.

(7) If the offence mentioned in subsection (1) relates to a graffiti removal order, the court, in taking action under subsection (4) (a) , need not, but may, make another graffiti removal order.

(8) If the offence mentioned in subsection (1) relates to a community service order made under section 108B , the court, in taking action under subsection (4) (a) , need not, but may, make another community service order.