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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Bail and Penalties and
Sentences Amendment Bill
2007
Queensland
Bail and Penalties and Sentences
Amendment Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Bail Act 1980
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 16 (Refusal of bail) . . . . . . . . . . . . . . . . . . . . . . 4
Part 3 Amendment of Penalties and Sentences Act 1992
4 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 5
2007
A Bill
for
An Act to amend the Bail Act 1980 and the Penalties and
Sentences Act 1992 to add a relevant consideration to bail and
sentencing decisions
s1 4 s3
Bail and Penalties and Sentences Amendment Bill 2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Bail and Penalties and Sentences 4
Amendment Bill 2007. 5
Part 2 Amendment of Bail Act 1980 6
Clause 2 Act amended in pt 2 7
This part amends the Bail Act 1980. 8
Clause 3 Amendment of s 16 (Refusal of bail) 9
(1) Section 16(2)(c)-- 10
omit, insert-- 11
`(c) the history of any previous grants of bail to the 12
defendant, including-- 13
(i) whether the defendant committed, or is alleged to 14
have committed, another offence during a previous 15
grant of bail; and 16
(ii) whether the defendant failed to appear and 17
surrender into custody in relation to a previous 18
grant of bail;'. 19
(2) Section 16(3)-- 20
omit, insert-- 21
`(3) If the defendant is charged with an offence against an Act 22
(other than this Act) for which the maximum penalty is at 23
s4 5 s5
Bail and Penalties and Sentences Amendment Bill 2007
least 2 years imprisonment or with an offence against this 1
Act-- 2
(a) the court or police officer must refuse to grant bail 3
unless the defendant shows cause why the defendant's 4
detention in custody is not justified; and 5
(b) if bail is granted or the defendant is released under 6
section 11A,1 the court or police officer must include in 7
the order a statement of the reasons for granting bail or 8
releasing the defendant.'. 9
Part 3 Amendment of Penalties and 10
Sentences Act 1992 11
Clause 4 Act amended in pt 3 12
This part amends the Penalties and Sentences Act 1992. 13
Clause 5 Amendment of s 9 (Sentencing guidelines) 14
Section 9(2)-- 15
insert-- 16
`(ia) if bail had been granted to the offender--the offender's 17
compliance with the terms and conditions of the bail; 18
and'. 19
1 Section 11A (Release of intellectually impaired person)
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