sec.146ASummons or warrant for offender whose sentence of imprisonment has been suspended

### sec.146A Summons or warrant for offender whose sentence of imprisonment has been suspended This section applies if— an order has been made under section 144 or 147 (1) (a) for an offender; and 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 imprisonment may be imposed if the offender is convicted, in or outside Queensland, of the suspected offence. 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. 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. 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 . The magistrate must issue the summons or warrant if the magistrate is satisfied the grounds for issuing the summons or warrant exist. However, the warrant may be issued only if— the complaint is under oath; and the magistrate is satisfied the offender would not appear in answer to a summons. Further, the magistrate may refuse to issue the warrant if the magistrate considers it would be unjust to issue the warrant. The summons or warrant may state the suspected offence in general terms. s 146A ins 1997 No. 82 s 75 amd 1999 No. 9 s 3 sch ; 2008 No. 55 s 140 (sec.146A-ssec.1) This section applies if— an order has been made under section 144 or 147 (1) (a) for an offender; and 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 imprisonment may be imposed if the offender is convicted, in or outside Queensland, of the suspected offence. (sec.146A-ssec.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. (sec.146A-ssec.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. (sec.146A-ssec.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 . (sec.146A-ssec.5) The magistrate must issue the summons or warrant if the magistrate is satisfied the grounds for issuing the summons or warrant exist. (sec.146A-ssec.6) However, the warrant may be issued only if— the complaint is under oath; and the magistrate is satisfied the offender would not appear in answer to a summons. (sec.146A-ssec.7) Further, the magistrate may refuse to issue the warrant if the magistrate considers it would be unjust to issue the warrant. (sec.146A-ssec.8) The summons or warrant may state the suspected offence in general terms. - (a) an order has been made under section 144 or 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. - (a) the complaint is under oath; and - (b) the magistrate is satisfied the offender would not appear in answer to a summons.