PENALTIES AND SENTENCES ACT 1992 - SECT 15AE
Guideline judgments on application
PENALTIES AND SENTENCES ACT 1992 - SECT 15AE
Guideline judgments on application
15AE Guideline judgments on application
(1) The following persons may apply to the court for a guideline judgment to
be given or reviewed—
(a) the Attorney-General;
(b) the director of public
prosecutions;
(c) the chief executive officer of Legal Aid Queensland.
(2)
For subsection (1) , the application is not required to be an application in a
proceeding.
(3) Also, on an appeal after a person is convicted, the person
may apply to the court for review of a guideline judgment to the extent it
contains a guideline that is relevant in the circumstances.
(4) The
application may include submissions in support of the application.
(5) The
court may, on an application under this section—
(a) give or review a
guideline judgment, other than a guideline judgment for an offence under a
Commonwealth Act, whether or not this is necessary for the purpose of
determining a proceeding; and
(b) pronounce the guideline judgment separately
or by inclusion in any judgment the court considers appropriate.
(6) The
court may, on an application under this section—
(a) give or review a
guideline judgment for an offence under a Commonwealth Act only if the court
considers giving or reviewing the guideline judgment is necessary for the
purpose of determining a proceeding in relation to the offence; and
(b)
pronounce the guideline judgment only by inclusion in the judgment for the
proceeding.