Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 13A

13A Cooperation with law enforcement authorities to be taken into account—undertaking to cooperate

(1) This section applies for a sentence that is to be reduced by the sentencing court because the offender has undertaken to cooperate with law enforcement agencies in a proceeding about an offence, including a confiscation proceeding.

(2) Before the sentencing proceeding starts, a party to the proceeding—

(a) must advise the relevant officer—

(i) that the offender has undertaken to cooperate with law enforcement agencies; and

(ii) that written or oral submissions or evidence will be made or brought before the court relevant on that account to the reduction of sentence; and

(b) may give to the relevant officer copies of any proposed written submissions mentioned in paragraph (a) (ii) .

(3) After the offender is invited to address the court—

(a) the offender’s written undertaking to cooperate with law enforcement agencies must be handed up to the court; and

(b) any party may hand up to the court written submissions relevant to the reduction of sentence.

(4) The undertaking must be in an unsealed envelope addressed to the sentencing judge or magistrate.

(5) If oral submissions are to be made to, or evidence is to be brought before, the court relevant to the reduction of sentence, the court must be closed for that purpose.

(6) The penalty imposed on the offender must be stated in open court.

(7) After the imposition of the penalty, the sentencing judge or magistrate must—

(a) close the court; and

(b) state in closed court—

(i) that the sentence is being reduced under this section; and

(ii) the sentence it would otherwise have imposed; and

(c) cause the following to be sealed and placed on the court file with an order that it may be opened only by an order of the court, including on an application to reopen the sentencing proceedings under section 188 (2) —

(i) the written undertaking;

(ii) a record of evidence or submissions made relevant to the reduction of sentence and the sentencing remarks made under paragraph (b) .

(8) The sentencing judge or magistrate may make an order prohibiting publication of all or part of the proceeding or the name and address of any witness on his or her own initiative or on application.

(9) In deciding whether to make an order under subsection (8) , the judge or magistrate may have regard to—

(a) the safety of any person; and

(b) the extent to which the detection of offences of a similar nature may be affected; and

(c) the need to guarantee the confidentiality of information given by an informer.

(10) A person who contravenes an order made under subsection (8) commits an offence.

Penalty—

Maximum penalty—

(a) for an order made by a judge—5 years imprisonment; or

(b) for an order made by a magistrate—3 years imprisonment.

(11) In this section—

"relevant officer" means—

(a) for a proceeding before the Supreme or District Court—the sentencing judge’s associate; or

(b) for a proceeding before a Magistrates Court—the relevant clerk of the court.