QLDIn ForceAct
Penalties and Sentences Act 1992
sec.60Application may be granted or refused
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### sec.60 Application may be granted or refused
If an application is granted, the court or proper officer of the court must—
make a fine option order for the offender; and
explain to the offender, in language or a way likely to be readily understood by the offender—
the purpose and effect of the order; and
what may follow if the offender fails to comply with the order; and
the offender’s right under section 73 to pay the fine, or any part of the fine, to which the fine option order relates and how that section requires the payment to be applied.
If a court refuses an application under section 55 —
any suspension of the original order to which the application relates ceases to have effect; and
the court must cause written notice to be given to the applicant—
of the refusal and whether the refusal was made because of section 57 (1) (a) or (b) ; and
that any suspension of the original order has ceased to have effect.
If a proper officer of the court refuses an application under section 58 , the proper officer must—
give written notice to the applicant of the refusal and the reasons for the refusal; and
give written notice to the court that made the original order that the application was made and refused.
If a court or the proper officer of the court refuses an application, there must be noted in the records of the court whether the refusal was made because of section 57 (1) (a) or (b) .
s 60 amd 1993 No. 36 s 2 sch 1 ; 1999 No. 70 s 166 sch 1
(sec.60-ssec.1) If an application is granted, the court or proper officer of the court must— make a fine option order for the offender; and explain to the offender, in language or a way likely to be readily understood by the offender— the purpose and effect of the order; and what may follow if the offender fails to comply with the order; and the offender’s right under section 73 to pay the fine, or any part of the fine, to which the fine option order relates and how that section requires the payment to be applied.
(sec.60-ssec.2) If a court refuses an application under section 55 — any suspension of the original order to which the application relates ceases to have effect; and the court must cause written notice to be given to the applicant— of the refusal and whether the refusal was made because of section 57 (1) (a) or (b) ; and that any suspension of the original order has ceased to have effect.
(sec.60-ssec.3) If a proper officer of the court refuses an application under section 58 , the proper officer must— give written notice to the applicant of the refusal and the reasons for the refusal; and give written notice to the court that made the original order that the application was made and refused.
(sec.60-ssec.4) If a court or the proper officer of the court refuses an application, there must be noted in the records of the court whether the refusal was made because of section 57 (1) (a) or (b) .
- (a) make a fine option order for the offender; and
- (b) explain to the offender, in language or a way likely to be readily understood by the offender— (i) the purpose and effect of the order; and (ii) what may follow if the offender fails to comply with the order; and (iii) the offender’s right under section 73 to pay the fine, or any part of the fine, to which the fine option order relates and how that section requires the payment to be applied.
- (i) the purpose and effect of the order; and
- (ii) what may follow if the offender fails to comply with the order; and
- (iii) the offender’s right under section 73 to pay the fine, or any part of the fine, to which the fine option order relates and how that section requires the payment to be applied.
- (i) the purpose and effect of the order; and
- (ii) what may follow if the offender fails to comply with the order; and
- (iii) the offender’s right under section 73 to pay the fine, or any part of the fine, to which the fine option order relates and how that section requires the payment to be applied.
- (a) any suspension of the original order to which the application relates ceases to have effect; and
- (b) the court must cause written notice to be given to the applicant— (i) of the refusal and whether the refusal was made because of section 57 (1) (a) or (b) ; and (ii) that any suspension of the original order has ceased to have effect.
- (i) of the refusal and whether the refusal was made because of section 57 (1) (a) or (b) ; and
- (ii) that any suspension of the original order has ceased to have effect.
- (i) of the refusal and whether the refusal was made because of section 57 (1) (a) or (b) ; and
- (ii) that any suspension of the original order has ceased to have effect.
- (a) give written notice to the applicant of the refusal and the reasons for the refusal; and
- (b) give written notice to the court that made the original order that the application was made and refused.