Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 122

122 Certain proceedings relating to sentence may be determined in chambers

(1) A court before which a person is convicted of an offence defined in part 2 may, with the consent of the prosecution and the defendant, adjourn the proceedings to chambers so as to determine the question of sentence.

(2) An application to adjourn proceedings to chambers may be made in chambers.

(3) In determining the question of sentence pursuant to this section the following provisions shall apply—

(a) the proceedings shall be as prescribed by rules of court or, if no procedure is so prescribed, as the court directs;

(b) the proceedings shall be heard in chambers in the presence of such person as the court permits and no other person;

(c) the court may receive and act on such information as it thinks fit;

(d) no transcript shall be made of the proceedings unless directed by the court;

(e) no notice or report relating to the proceedings shall be published and no record of the proceedings (other than the order as to the sentence to be imposed) shall be available for search by a person except by direction of the court or, in the absence or incapacity of the judge or magistrate who constituted the court, another judge of the Supreme Court or, as the case may be, another magistrate.