QLDIn ForceAct
Penalties and Sentences Act 1992
sec.10Court’s reasons to be stated and recorded
Start here
Get a plain-English read of sec.10
Turn the raw legal text into a practical explanation grounded in Penalties and Sentences Act 1992.
### sec.10 Court’s reasons to be stated and recorded
If a court imposes a sentence of imprisonment, including a suspended sentence of imprisonment, it must—
state in open court its reasons for the sentence; and
cause the reasons to be—
recorded in the transcript that is to be kept in the registry with the indictment; or
recorded in writing and kept in the office of the clerk of the court with the charge sheet; and
if the chief executive (corrective services) requests a copy of the reasons—cause a copy of the reasons to be forwarded to the chief executive (corrective services).
A sentence is not invalid merely because of the failure of the court to state its reasons as required by subsection (1) (a) , but its failure to do so may be considered by an appeal court if an appeal against sentence is made.
The court need not comply with subsection (1) (b) if the reasons are recorded under the Recording of Evidence Act 1962 .
s 10 amd 1999 No. 9 s 3 sch ; 2024 No. 47 s 71
(sec.10-ssec.1) If a court imposes a sentence of imprisonment, including a suspended sentence of imprisonment, it must— state in open court its reasons for the sentence; and cause the reasons to be— recorded in the transcript that is to be kept in the registry with the indictment; or recorded in writing and kept in the office of the clerk of the court with the charge sheet; and if the chief executive (corrective services) requests a copy of the reasons—cause a copy of the reasons to be forwarded to the chief executive (corrective services).
(sec.10-ssec.2) A sentence is not invalid merely because of the failure of the court to state its reasons as required by subsection (1) (a) , but its failure to do so may be considered by an appeal court if an appeal against sentence is made.
(sec.10-ssec.3) The court need not comply with subsection (1) (b) if the reasons are recorded under the Recording of Evidence Act 1962 .
- (a) state in open court its reasons for the sentence; and
- (b) cause the reasons to be— (i) recorded in the transcript that is to be kept in the registry with the indictment; or (ii) recorded in writing and kept in the office of the clerk of the court with the charge sheet; and
- (i) recorded in the transcript that is to be kept in the registry with the indictment; or
- (ii) recorded in writing and kept in the office of the clerk of the court with the charge sheet; and
- (c) if the chief executive (corrective services) requests a copy of the reasons—cause a copy of the reasons to be forwarded to the chief executive (corrective services).
- (i) recorded in the transcript that is to be kept in the registry with the indictment; or
- (ii) recorded in writing and kept in the office of the clerk of the court with the charge sheet; and