Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 12A

12A Convictions for offences relating to domestic violence

(1) Subsections (2) to (4) apply if—

(a) a complaint or an indictment for a charge for an offence states the offence is also a domestic violence offence; and

(b) the offender is convicted of the offence.

(2) If a conviction is recorded in relation to the offence, it must also be recorded as a conviction for a domestic violence offence.

(3) If no conviction is recorded in relation to the offence, the offence must be entered in the offender’s criminal history as a domestic violence offence.

(4) However, a matter must not be recorded or entered under subsection (2) or (3) in relation to the offence if the court makes an order to the effect it is not satisfied the offence is also a domestic violence offence.

Note—

See the Evidence Act 1977 , section 132C , which provides for the sentencing judge or magistrate in any sentencing procedure in a criminal proceeding to act on allegations of fact.

(5) If a court convicts an offender of an offence for which a matter must be recorded or entered under subsection (2) or (3) or of an offence against the Domestic and Family Violence Protection Act 2012 , part 7 , the prosecution may apply to the court for an order that an offence, stated in the application, of which the offender has previously been convicted (a
"previous offence" )—

(a) for a previous offence for which a conviction was recorded—also be recorded as a conviction for a domestic violence offence; or

(b) otherwise—be entered in the offender’s criminal history as a domestic violence offence.

(6) The application—

(a) may be made in writing or orally; and

(b) must include enough information to allow the court to make a decision about whether it is appropriate to make the order.

(7) The court may ask the prosecutor for further information for it to decide whether to make an order under subsection (8) .

(8) If, after considering the application, the court is satisfied a previous offence is a domestic violence offence, the court must order that the offence—

(a) for a previous offence for which a conviction was recorded—also be recorded as a conviction for a domestic violence offence; or

(b) otherwise—be entered in the offender’s criminal history as a domestic violence offence.

(9) A person against whom the domestic violence offence was committed is not compellable as a witness in proceedings before the court to decide the application.

(10) If a court is satisfied an error has been made in recording or entering an offence as a domestic violence offence, the court may, on an application or its own initiative, correct the error.

(11) For this section, proof that an offence is a domestic violence offence lies on the prosecutor.

(12) To remove any doubt, it is declared that this section does not require a matter to be recorded or entered in an offender’s traffic history under the Transport Operations (Road Use Management) Act 1995 .