Local Court not to impose certain penalties if offender is absent
25 Local Court not to impose certain penalties if offender is absent
The Local Court must not make any of the following orders with respect to an absent offender—
an order imposing a sentence of imprisonment,
an intensive correction order,
(Repealed)
a community correction order,
a conditional release order,
a non-association order or place restriction order,
an intervention program order.
At any time after it finds an absent offender guilty of an offence or convicts an absent offender for an offence, the Local Court—
may issue a warrant for the offender’s arrest, or
may authorise an authorised officer to issue a warrant for the offender’s arrest,
for the purpose of having the offender brought before the Local Court for conviction and sentencing, or for sentencing, as the case requires.
In deciding whether to issue, or authorise an authorised officer to issue, a warrant for the arrest of an absent offender who has lodged a written plea in accordance with section 182 of the Criminal Procedure Act 1986 for the offence concerned, the Local Court must consider whether it is more appropriate to adjourn proceedings.
This section does not limit the power that any court other than the Local Court may have, apart from this section, to deal with an offender whom it has found guilty or convicted in his or her absence.
In this section—
absent offender means an offender who is being dealt with in his or her absence, including a person who does not attend court because the person has lodged a written plea in accordance with section 182 of the Criminal Procedure Act 1986 in respect of the offence concerned.
This Act’s bill:Explanatory memorandumSecond reading speech
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