QLDIn ForceAct
Penalties and Sentences Act 1992
sec.19Order of court
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### sec.19 Order of court
The court may make an order—
releasing the offender absolutely; or
that the offender be released if the offender enters into a recognisance, with or without sureties, in such amount as the court considers appropriate, on the conditions that the offender must—
be of good behaviour; and
appear for conviction and sentence if called on at any time during such period (not longer than 3 years) as is stated in the order.
In making an order under subsection (1) (b) , the court may impose any additional conditions that it considers appropriate.
Without limiting subsection (2) , the court may impose a condition that the offender must participate in a drug assessment and education session by a stated date (a drug diversion condition ) if—
the court is a drug diversion court; and
the offender is an eligible drug offender; and
the offender consents to participating in a drug assessment and education session.
Also, without limiting subsection (2) or (2A) , if the offender consents to completing a DAAR course, the court may impose a condition (a DAAR condition ) that the offender complete a DAAR course by a stated day.
If a court makes an order under subsection (1) , the court may also make any other order for payment of compensation or restitution that the court could have made had the offender been convicted.
In this section—
DAAR course see the Bail Act 1980 , section 11AB (6) .
DAAR stands for Drug and Alcohol Assessment Referral. See the Bail Act 1980 , section 11AB (6) , definition DAAR .
s 19 amd 2002 No. 59 s 9 ; 2016 No. 4 s 70 ; 2017 No. 41 s 34
(sec.19-ssec.1) The court may make an order— releasing the offender absolutely; or that the offender be released if the offender enters into a recognisance, with or without sureties, in such amount as the court considers appropriate, on the conditions that the offender must— be of good behaviour; and appear for conviction and sentence if called on at any time during such period (not longer than 3 years) as is stated in the order.
(sec.19-ssec.2) In making an order under subsection (1) (b) , the court may impose any additional conditions that it considers appropriate.
(sec.19-ssec.2A) Without limiting subsection (2) , the court may impose a condition that the offender must participate in a drug assessment and education session by a stated date (a drug diversion condition ) if— the court is a drug diversion court; and the offender is an eligible drug offender; and the offender consents to participating in a drug assessment and education session.
(sec.19-ssec.2B) Also, without limiting subsection (2) or (2A) , if the offender consents to completing a DAAR course, the court may impose a condition (a DAAR condition ) that the offender complete a DAAR course by a stated day.
(sec.19-ssec.3) If a court makes an order under subsection (1) , the court may also make any other order for payment of compensation or restitution that the court could have made had the offender been convicted.
(sec.19-ssec.4) In this section— DAAR course see the Bail Act 1980 , section 11AB (6) . DAAR stands for Drug and Alcohol Assessment Referral. See the Bail Act 1980 , section 11AB (6) , definition DAAR .
- (a) releasing the offender absolutely; or
- (b) that the offender be released if the offender enters into a recognisance, with or without sureties, in such amount as the court considers appropriate, on the conditions that the offender must— (i) be of good behaviour; and (ii) appear for conviction and sentence if called on at any time during such period (not longer than 3 years) as is stated in the order.
- (i) be of good behaviour; and
- (ii) appear for conviction and sentence if called on at any time during such period (not longer than 3 years) as is stated in the order.
- (i) be of good behaviour; and
- (ii) appear for conviction and sentence if called on at any time during such period (not longer than 3 years) as is stated in the order.
- (a) the court is a drug diversion court; and
- (b) the offender is an eligible drug offender; and
- (c) the offender consents to participating in a drug assessment and education session.