Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 137

137 Facilitation of proof

(1) If an offender is before a court with a view to being dealt with for contravening a requirement in a community based order, then, subject to subsection (2) , the presumptions mentioned in subsection (3) are to be made.

(2) A presumption mentioned in subsection (3) may be made only if there is before the court—

(a) a complaint; or

(b) a statement purporting to be that of a person authorised by the chief executive (corrective services) to make the statement;

that particularises matters relevant to the offender being so dealt with in the case in question.

(3) Until the contrary is proved, it must be presumed—

(a) that, under subsection (1) , the community based order alleged in the complaint or statement mentioned in subsection (2) was made as alleged for the offender before the court; and

(b) if the offender is before the court under subsection (1) —that the offender contravened the requirement, as alleged in the complaint or statement.