Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 146

146 Consequences of committing offence during operational period

(1) A court must proceed under this section if—

(a) the court—

(i) convicts an offender of an offence for which imprisonment may be imposed; and

(ii) is satisfied that the offence was committed during—

(A) the operational period of an order made under section 144 ; or

(B) an extension of the operational period ordered under section 147 (1) (a) (i) ; or

(C) a further stated operational period ordered under section 147 (1) (a) (ii) (B) ; or

(b) an offender is otherwise before the court and the court is satisfied that—

(i) the offender was convicted, in or outside Queensland, of an offence for which imprisonment may be imposed; and

(ii) the offence was committed during—

(A) the operational period of an order made under section 144 ; or

(B) an extension of the operational period ordered under section 147 (1) (a) (i) ; or

(C) a further stated operational period ordered under section 147 (1) (a) (ii) (B) .

(2) If the court mentioned in subsection (1) has like jurisdiction to the court that made the order, the first court must deal with the offender under section 147 for the suspended imprisonment.

(2A) If the court mentioned in subsection (1) is of higher jurisdiction than the court that made the order, the first court must deal with the offender under section 147 for the suspended imprisonment unless the court considers that it would be in the interests of justice for the offender to be dealt with under section 147 by the court that made the order.

(2B) If, under subsection (2A) , the first court does not deal with the offender under section 147 for the suspended imprisonment, it must—

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

(b) grant bail to the offender conditioned to appear;

before a court of like jurisdiction to the court that made the order.

(3) If—

(a) the order was made by a court other than a Magistrates Court; and

(b) the court mentioned in subsection (1) is a Magistrates Court;

the Magistrates Court must proceed under subsection (4) .

(4) The Magistrates Court mentioned in subsection (3) must—

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

(b) grant bail to the offender conditioned to appear;

before a court of like jurisdiction to the court that made the order.

(5) If—

(a) the order was made by the Supreme Court; and

(b) the court mentioned in subsection (1) is a District Court;

the District Court must proceed under subsection (6) .

(6) The District Court mentioned in subsection (5) must—

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

(b) grant bail to the offender conditioned that the offender appear before the Supreme Court.

(7) If the offender comes before a court under subsection (2B) , (4) or (6) , the court must deal with the offender under section 147 for the suspended imprisonment.