The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

232 s.485~ CRIMINAL CODlE
(3) At the time when an order is made pursuant to subsection (1)
the Court or justices may further order that, upon his failure to comply
in all respects with the order, the offender be imprisoned with hard
labour-
(a> in the case of an order made upon conviction' on indictment,
for a term not exceeding twelve months;
(b) in the case of an order made upon conviction summarily,
for a term not exceeding six months.
(4) Upon application made by or on behalf of the off'ender, the
Court or justices who made an order pursuant to subsection (1) or a
Court or justices of like jurisdiction may extend the time stipulated in the
order within which the restitution was to be made or the compensation
paid and thereupon the order shall be colnstrued as if the time as so
extended were the time stipulated in the order.
(5) In an order made pursuant to subsection (3) the Court or
justices may give such directions as it or they may think fit as to1 enforcement
of the sentence of imprisonment therein ordered including a direction
that the offender shall appear-
(a> at some future Sittings of the Court or justices or of a
Court or justices of like jurisdiction; or
(b) when called upon by noitice in the prescribed form,
to show cause why the sentence of irn~riso~me~t should not be executed
on account of his failure to comply with the order.
Where time stipulated in an order is extended upon application made
by or on behalf of an offender who by the order is required to appear
at a Sittings of a Court or justices on a date certain or at a Sittings of a
Court or justices commencing on a date certain the Court that extends
or justices who extend the time may vary the date certain, if the case
requires it, and thereupon the order shall be construed as if the date
certain as so varied were the date certain specified in the order.
(6) If the offender fails to appear as required by the order a Judge
of the Court or justice may issue a warrant directed to all police officers
to arrest the offender and to' bring him before the Court or justices or a
Court or justices of like jurisdiction to show cause in accordance with
the order.
(7) Where pursuant to this seotion colmpensation is ordered to be
paid by instalments and default is made in the payment of any one
instalment, the same proceedings may be taken as if the original order
had directed the payment in one sum of all the instalments then remaining
unpaid and default had been made therein.
(8) Restitution and payments by way of compensation ordered to be
made pursuant to this section shall, if the Coust orders or the justices
order, be made in the first instance to1 the sheriff or an under sheriff or,
as the case requires, a clerk of the court.
(9) This section is in addition to and nolt in derogation of or sub-
stitution for any other provision of this Code relating to the making of
restitution or the payment of compensation.
Inserted by Act of 1975, NO. 27, S. 39.