Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 151N

151N Custodial part of treatment order

(1) In making a treatment order, the court must—

(a) sentence the offender to imprisonment for 4 years or less; and

(b) order that the sentence of imprisonment is suspended; and

(c) state the period (the
"operational period" ) during which the offender must not commit another offence if the offender is to avoid being dealt with under section 151O for the suspended sentence.

(2) The matters stated in subsection (1) constitute the
"custodial part" of the treatment order.

(3) For subsection (1) (c) , the operational period—

(a) starts on the day the order is made; and

(b) must end on a day at least 2 years but not more than 5 years after the day it starts.

(4) The operational period must be at least as long as the sentence of imprisonment imposed under the order.

(5) An offender to whom a treatment order applies has to serve the sentence of imprisonment suspended under the custodial part of the order only if the offender is ordered to do so under section 151O (2) (c) or (d) or 151W (1) (c) or (d) .