PENALTIES AND SENTENCES ACT 1992 - SECT 33C
Variation or revocation of order forfeiting recognisance
PENALTIES AND SENTENCES ACT 1992 - SECT 33C
Variation or revocation of order forfeiting recognisance
33C Variation or revocation of order forfeiting recognisance
(1) If a court orders an offender or a surety to pay an amount under
section 33B, the offender or surety may apply in the approved form to the
court that made the order or, for a Magistrates Court, any magistrate for an
order revoking or varying the order.
(2) The application—
(a) may only be
made on the ground that having regard to all the circumstances it would be
against the interests of justice to require the person to pay the amount
ordered to be paid; and
(b) must be made within 28 days after the relevant
recognisance is forfeited or the longer time the court allows for payment of
the amount; and
(c) must briefly state the circumstances relied on; and
(d)
must be filed with the proper officer of the court and served, at least 14
days before the date set for the hearing of the application on the complainant
or, for a recognisance entered into after an indictment is presented, whoever
of the following is relevant—
(i) the State crown solicitor;
(ii) for an
offence against a law of the Commonwealth, the Australian Government Solicitor
in Queensland.
(3) Despite subsection (2) (b) , if the recognisance was
forfeited in the absence of an offender, the application must be made within
28 days after the order comes to the notice of the applicant.
(4) At any time
after the application is filed, the applicant may apply to the court for a
stay of proceedings to which the application relates.
(5) The court may grant
the stay and do any of the following—
(a) direct the return of any
unenforced warrant;
(b) postpone the issue of a warrant;
(c) stay the
enforcement of any warrant until the application is decided.
(6) Also, the
court may hear the application earlier than 14 days after service of the
application if the parties consent to the earlier hearing.
(7) The court must
decide the application and may—
