QLDIn ForceAct
Penalties and Sentences Act 1992
sec.161SCooperation with law enforcement agencies
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### sec.161S Cooperation with law enforcement agencies
Subject to subsections (2) and (3) , sections 13A and 13B apply for the sentencing of an offender who is convicted of a prescribed offence committed with a serious organised crime circumstance of aggravation.
For section 13A , an offender mentioned in subsection (1) is taken to have undertaken to cooperate with law enforcement agencies in a proceeding about an offence, including a confiscation proceeding, only if—
the offender has undertaken to cooperate with law enforcement agencies in a proceeding about a major criminal offence; and
the court is satisfied the cooperation will be of significant use in a proceeding about a major criminal offence.
For section 13B , an offender mentioned in subsection (1) is taken to have significantly cooperated with a law enforcement agency in its investigations about an offence or a confiscation proceeding only if—
the offender has significantly cooperated with a law enforcement agency in its investigations about a major criminal offence; and
the court is satisfied the cooperation has been, is or will be of significant use to the law enforcement agency or another law enforcement agency in its investigations about a major criminal offence.
This section applies despite section 161R (3) or (4) .
In this section—
major criminal offence means an indictable offence for which the maximum penalty is at least 5 years imprisonment.
s 161S ins 2016 No. 62 s 279
(sec.161S-ssec.1) Subject to subsections (2) and (3) , sections 13A and 13B apply for the sentencing of an offender who is convicted of a prescribed offence committed with a serious organised crime circumstance of aggravation.
(sec.161S-ssec.2) For section 13A , an offender mentioned in subsection (1) is taken to have undertaken to cooperate with law enforcement agencies in a proceeding about an offence, including a confiscation proceeding, only if— the offender has undertaken to cooperate with law enforcement agencies in a proceeding about a major criminal offence; and the court is satisfied the cooperation will be of significant use in a proceeding about a major criminal offence.
(sec.161S-ssec.3) For section 13B , an offender mentioned in subsection (1) is taken to have significantly cooperated with a law enforcement agency in its investigations about an offence or a confiscation proceeding only if— the offender has significantly cooperated with a law enforcement agency in its investigations about a major criminal offence; and the court is satisfied the cooperation has been, is or will be of significant use to the law enforcement agency or another law enforcement agency in its investigations about a major criminal offence.
(sec.161S-ssec.4) This section applies despite section 161R (3) or (4) .
(sec.161S-ssec.5) In this section— major criminal offence means an indictable offence for which the maximum penalty is at least 5 years imprisonment.
- (a) the offender has undertaken to cooperate with law enforcement agencies in a proceeding about a major criminal offence; and
- (b) the court is satisfied the cooperation will be of significant use in a proceeding about a major criminal offence.
- (a) the offender has significantly cooperated with a law enforcement agency in its investigations about a major criminal offence; and
- (b) the court is satisfied the cooperation has been, is or will be of significant use to the law enforcement agency or another law enforcement agency in its investigations about a major criminal offence.