Guideline judgments on application
15AE Guideline judgments on application
The following persons may apply to the court for a guideline judgment to be given or reviewed—
the Attorney-General;
the director of public prosecutions;
the chief executive officer of Legal Aid Queensland.
For subsection (1), the application is not required to be an application in a proceeding.
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.
The application may include submissions in support of the application.
The court may, on an application under this section—
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
pronounce the guideline judgment separately or by inclusion in any judgment the court considers appropriate.
The court may, on an application under this section—
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
pronounce the guideline judgment only by inclusion in the judgment for the proceeding.
This Act’s bill:Explanatory memorandum
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