Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 126

126 Powers of Supreme Court or District Court to deal with offender

(1) This section applies if—

(a) the community based order to which the offender is subject was made by the Supreme Court or a District Court; and

(b) the offender is before the court or, if the order was made by a District Court, before the Supreme Court; and

(c) the court is satisfied that the offender committed an offence against section 123 (1) in relation to the community based order.

(2) The court may, in addition to, or instead of, dealing with the offender under section 123 (1) —

(a) admonish and discharge the offender; or

(b) make an order—

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

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

(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, subject to section 126A , deal with the offender for the offence for which the community based order was made in any way in which it could deal with the offender if the offender had just been convicted before it of the offence.

(5) If the offender is before the court—

(a) under an order made under subsection (7) or section 125 (5) ; or

(b) under a summons or warrant issued under section 128 or 129 ; or

(c) has just been convicted by the court of another offence committed during the period of the community based order and the offender also is the subject of community based orders made by courts of lower jurisdiction;

the court may deal with the offender under this section as if the court had made all the community based orders.

(6) In taking action under subsection (4) , 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.

(6A) If the community based order mentioned in subsection (1) is a graffiti removal order, the court, in taking action under subsection (4) , need not, but may, make another graffiti removal order.

(6B) If the community based order mentioned in subsection (1) is a community service order made under section 108B , the court, in taking action under subsection (4) , need not, but may, make another community service order.

(7) If the offender is the subject of a community based order made by the Supreme Court and is convicted before a District Court of another offence committed during the period of the community based order, the court may—

(a) commit the offender to custody to be brought before the Supreme Court; or

(b) grant bail to the offender on the condition that the offender must appear before the Supreme Court.

(8) In subsections (5) and (7) —

"offence" does not include an offence against section 123 (1) .