QLDIn ForceAct
Penalties and Sentences Act 1992
sec.15AEGuideline judgments on application
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### sec.15AE Guideline judgments on application
The following persons may apply to the court for a guideline judgment to be given or reviewed—
the Attorney-General;
the director of public prosecutions;
the chief executive officer of Legal Aid Queensland.
For subsection (1) , the application is not required to be an application in a proceeding.
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.
The application may include submissions in support of the application.
The court may, on an application under this section—
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
pronounce the guideline judgment separately or by inclusion in any judgment the court considers appropriate.
The court may, on an application under this section—
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
pronounce the guideline judgment only by inclusion in the judgment for the proceeding.
s 15AE ins 2010 No. 48 s 6
(sec.15AE-ssec.1) The following persons may apply to the court for a guideline judgment to be given or reviewed— the Attorney-General; the director of public prosecutions; the chief executive officer of Legal Aid Queensland.
(sec.15AE-ssec.2) For subsection (1) , the application is not required to be an application in a proceeding.
(sec.15AE-ssec.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.
(sec.15AE-ssec.4) The application may include submissions in support of the application.
(sec.15AE-ssec.5) The court may, on an application under this section— 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 pronounce the guideline judgment separately or by inclusion in any judgment the court considers appropriate.
(sec.15AE-ssec.6) The court may, on an application under this section— 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 pronounce the guideline judgment only by inclusion in the judgment for the proceeding.
- (a) the Attorney-General;
- (b) the director of public prosecutions;
- (c) the chief executive officer of Legal Aid Queensland.
- (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.
- (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.