PENALTIES AND SENTENCES ACT 1992 - SECT 146A
Summons or warrant for offender whose sentence of imprisonment has been suspended
PENALTIES AND SENTENCES ACT 1992 - SECT 146A
Summons or warrant for offender whose sentence of imprisonment has been suspended
146A Summons or warrant for offender whose sentence of imprisonment has been
suspended
(1) This section applies if—
(a) an order has been made under section 144or
147(1) (a) for an offender; and
(b) a police officer or an authorised
corrective services officer suspects, on reasonable grounds, that the offender
has committed an offence, in or outside Queensland, during the operational
period of the order; and
(c) imprisonment may be imposed if the offender is
convicted, in or outside Queensland, of the suspected offence.
(2) The
officer may, by a complaint to a magistrate, apply for a summons requiring the
offender to appear before the court that made the order.
(3) The magistrate
may issue the summons or, instead of issuing the summons, issue a warrant, in
the approved form, directed to all police officers to arrest the offender and
bring the offender before the court that made the order to be further dealt
with according to law.
(4) The summons or warrant issued under this section
is of no effect unless and until the offender is convicted of an offence that
enables a court to deal with the offender under section 147.
(5) The
magistrate must issue the summons or warrant if the magistrate is satisfied
the grounds for issuing the summons or warrant exist.
(6) However, the
warrant may be issued only if—
(a) the complaint is under oath; and
(b) the
magistrate is satisfied the offender would not appear in answer to a summons.
(7) Further, the magistrate may refuse to issue the warrant if the magistrate
considers it would be unjust to issue the warrant.
(8) The summons or warrant
may state the suspected offence in general terms.