Sentence in absence of offender
322 Sentence in absence of offender
S. 322 amended by No. 48/2012 s. 8 (ILA s. 39B(1)).
The Court of Appeal may impose a sentence on a person under this Part even though the person does not attend the hearing of an appeal or an application to the Court of Appeal.
Note to s. 322 amended by No. 65/2011 s. 107(Sch. item 4.6).
Note
The Court of Appeal cannot impose a sentence that requires the consent of the person, for example a community correction order, in the absence of the person.
S. 322(2) inserted by No. 48/2012 s. 8.
For the purposes of this section, the making of an order under section 280(3) or 284A(3) is an imposition of a sentence.
This Act’s bill:Explanatory memorandumSecond reading speech
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