Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.10 - Community safety orders  

Division 395 - Community safety orders  

Subdivision F - Provisions relating to community safety order proceedings  

SECTION 395.34   When a serious offender is unable to engage a legal representative  

(1)    
This section applies if:

(a)    a community safety order proceeding relating to a serious offender is before a Supreme Court of a State or Territory; and

(b)    the offender, due to circumstances beyond the offender ' s control, is unable to engage a legal representative in relation to the proceeding.

(2)    
The Court may make either or both of the following orders:

(a)    an order staying the proceeding for such period and subject to such conditions as the Court thinks fit;

(b)    an order requiring the Commonwealth to bear, in accordance with the regulations (if any), all or part of the reasonable costs and expenses of the offender ' s legal representation for the proceeding.

(3)    
The regulations may prescribe matters that the Court may, must or must not take into account in determining either or both of the following:

(a)    whether circumstances are beyond the offender ' s control;

(b)    reasonable costs and expenses of the offender ' s legal representation for the proceeding.

(4)    
This section does not limit any other power of the Court.