Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 15AE

15AE Guideline judgments on application

(1) The following persons may apply to the court for a guideline judgment to be given or reviewed—

(a) the Attorney-General;

(b) the director of public prosecutions;

(c) the chief executive officer of Legal Aid Queensland.

(2) For subsection (1) , the application is not required to be an application in a proceeding.

(3) Also, on an appeal after a person is convicted, the person may apply to the court for review of a guideline judgment to the extent it contains a guideline that is relevant in the circumstances.

(4) The application may include submissions in support of the application.

(5) The court may, on an application under this section—

(a) give or review a guideline judgment, other than a guideline judgment for an offence under a Commonwealth Act, whether or not this is necessary for the purpose of determining a proceeding; and

(b) pronounce the guideline judgment separately or by inclusion in any judgment the court considers appropriate.

(6) The court may, on an application under this section—

(a) give or review a guideline judgment for an offence under a Commonwealth Act only if the court considers giving or reviewing the guideline judgment is necessary for the purpose of determining a proceeding in relation to the offence; and

(b) pronounce the guideline judgment only by inclusion in the judgment for the proceeding.