Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 86

86 Hearing and determination of appeals

(1) The hearing of the appeal is not limited to the material on which the decision appealed against was made.

(2) The appellant may appear before the court—

(a) personally or by agent, counsel or solicitor; or

(b) if the appellant is in lawful custody at the time—by agent, counsel or solicitor only.

(3) In determining the appeal, the court may—

(a) affirm the decision appealed against; or

(b) set aside the decision appealed against and make a fine option order for the appellant.

(4) The court must not make a fine option order under subsection (3) (b) unless it is satisfied about the matters mentioned in section 57 (1) .