New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 25

25 Local Court not to impose certain penalties if offender is absent

(1) A Local Court must not make any of the following orders with respect to an absent offender:

(a) an order imposing a sentence of imprisonment,

(b) a periodic detention order,

(c) a home detention order,

(d) a community service order,

(e) an order that provides for the offender to enter into a good behaviour bond,

(f) a non-association order or place restriction order,

(g) an intervention program order.

(2) At any time after it finds an absent offender guilty of an offence or convicts an absent offender for an offence, a Local Court:

(a) may issue a warrant for the offender’s arrest, or

(b) may authorise an authorised officer to issue a warrant for the offender’s arrest,

for the purpose of having the offender brought before the Local Court for conviction and sentencing, or for sentencing, as the case requires.

(3) This section does not limit the power that any court other than a Local Court may have, apart from this section, to deal with an offender whom it has found guilty or convicted in his or her absence.

(4) In this section:
"absent offender" means an offender who is being dealt with in his or her absence.