QLDIn ForceAct
Penalties and Sentences Act 1992
sec.33AEOrders for particular offender failing to appear before court
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### sec.33AE Orders for particular offender failing to appear before court
This section applies if—
the original order is made on the hearing of a complaint of a simple offence under the Justices Act 1886 ; and
the offender—
is arrested under a warrant issued under section 33AC ; and
is granted bail under the Bail Act 1980 , section 7 ; and
fails to appear before a court in accordance with the bail.
The court may, in the absence of the offender, revoke the original order and sentence the offender for the offence with which the offender was originally charged.
If the court revokes the original order under subsection (2) and a conviction has not previously been recorded for the offence mentioned in that subsection, the court may also record a conviction for the offence.
In sentencing the offender under subsection (2) , the court may not—
impose a term of imprisonment on the offender; or
order that any licence, registration, certificate, permit or other authority held by the offender under any Act be cancelled or suspended; or
order that the offender be disqualified from holding or obtaining any licence, registration, certificate, permit or other authority under any Act.
s 33AE ins 2017 No. 6 s 66
(sec.33AE-ssec.1) This section applies if— the original order is made on the hearing of a complaint of a simple offence under the Justices Act 1886 ; and the offender— is arrested under a warrant issued under section 33AC ; and is granted bail under the Bail Act 1980 , section 7 ; and fails to appear before a court in accordance with the bail.
(sec.33AE-ssec.2) The court may, in the absence of the offender, revoke the original order and sentence the offender for the offence with which the offender was originally charged.
(sec.33AE-ssec.3) If the court revokes the original order under subsection (2) and a conviction has not previously been recorded for the offence mentioned in that subsection, the court may also record a conviction for the offence.
(sec.33AE-ssec.4) In sentencing the offender under subsection (2) , the court may not— impose a term of imprisonment on the offender; or order that any licence, registration, certificate, permit or other authority held by the offender under any Act be cancelled or suspended; or order that the offender be disqualified from holding or obtaining any licence, registration, certificate, permit or other authority under any Act.
- (a) the original order is made on the hearing of a complaint of a simple offence under the Justices Act 1886 ; and
- (b) the offender— (i) is arrested under a warrant issued under section 33AC ; and (ii) is granted bail under the Bail Act 1980 , section 7 ; and (iii) fails to appear before a court in accordance with the bail.
- (i) is arrested under a warrant issued under section 33AC ; and
- (ii) is granted bail under the Bail Act 1980 , section 7 ; and
- (iii) fails to appear before a court in accordance with the bail.
- (i) is arrested under a warrant issued under section 33AC ; and
- (ii) is granted bail under the Bail Act 1980 , section 7 ; and
- (iii) fails to appear before a court in accordance with the bail.
- (a) impose a term of imprisonment on the offender; or
- (b) order that any licence, registration, certificate, permit or other authority held by the offender under any Act be cancelled or suspended; or
- (c) order that the offender be disqualified from holding or obtaining any licence, registration, certificate, permit or other authority under any Act.