Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 163

163 Indefinite sentence—imposition

(1) A court may, instead of imposing a fixed term of imprisonment, impose an indefinite sentence on an offender convicted of a qualifying offence on—

(a) its own initiative; or

(b) an application made by counsel for the prosecution.

(2) In imposing sentence under subsection (1) , the court must state in its order the term of imprisonment (the
"nominal sentence" ) that it would have imposed had it not imposed an indefinite sentence.

(3) Before a sentence is imposed under subsection (1) , the court must be satisfied—

(a) that the Mental Health Act 2016 , chapter 5 , part 3 , does not apply; and

(b) that the offender is a serious danger to the community because of—

(i) the offender’s antecedents, character, age, health or mental condition; and

(ii) the severity of the qualifying offence; and

(iii) any special circumstances.

(4) In determining whether the offender is a serious danger to the community, the court must have regard to—

(a) whether the nature of the offence is exceptional; and

(b) the offender’s antecedents, age and character; and

(c) any medical, psychiatric, prison or other relevant report in relation to the offender; and

(d) the risk of serious harm to members of the community if an indefinite sentence were not imposed; and

(e) the need to protect members of the community from the risk mentioned in paragraph (d) .

(5) Subsection (4) does not limit the matters to which a court may have regard in determining whether to impose an indefinite sentence.