QLDIn ForceAct
Penalties and Sentences Act 1992
sec.140Power of Magistrates Court under s 128 (2) , 129 (2) or 139 (2)
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### sec.140 Power of Magistrates Court under s 128 (2) , 129 (2) or 139 (2)
If—
a warrant issued under section 128 (2) , 129 (2) or 139 (2) directs that an offender be brought before the Supreme Court or a District Court; and
the offender can not be brought before the court because no sittings are being held at the time;
the warrant has effect as if it directed that the offender be brought before a Magistrates Court.
On an offender’s appearance before a Magistrates Court under subsection (1) , the court must—
commit the offender to custody to be brought; or
grant bail to the offender on the condition that the offender appear;
before the Supreme Court or a District Court.
(sec.140-ssec.1) If— a warrant issued under section 128 (2) , 129 (2) or 139 (2) directs that an offender be brought before the Supreme Court or a District Court; and the offender can not be brought before the court because no sittings are being held at the time; the warrant has effect as if it directed that the offender be brought before a Magistrates Court.
(sec.140-ssec.2) On an offender’s appearance before a Magistrates Court under subsection (1) , the court must— commit the offender to custody to be brought; or grant bail to the offender on the condition that the offender appear; before the Supreme Court or a District Court.
- (a) a warrant issued under section 128 (2) , 129 (2) or 139 (2) directs that an offender be brought before the Supreme Court or a District Court; and
- (b) the offender can not be brought before the court because no sittings are being held at the time;
- (a) commit the offender to custody to be brought; or
- (b) grant bail to the offender on the condition that the offender appear;