(4) On an application under subsection (3), the court S. 35(4) must not make an order declaring the date of amended by No. 87/2004 conviction of a person of a Schedule 2 offence s. 22(1)(h). unless it is satisfied that the person has absconded. S. 35A 35A Schedule 2 offences—application for court (Heading) declaration amended by No. 87/2004 s. 22(1)(i)(i) S. 35A inserted by No. 63/2003 s. 13. S. 35A(1) (1) Subject to subsection (2), the DPP may apply to amended by the court which convicted an accused of an Nos 87/2004 s. 22(1)(i)(ii), offence for a declaration that the offence was a 68/2009 Schedule 2 offence. s. 97(Sch. item 23.29). S. 35A(1A) (1A) Subject to subsection (2), if an accused is inserted by convicted of an offence by the Magistrates' No. 27/2016 s. 12(1). Court or the Children's Court, an appropriate officer may apply to that court for a declaration that the offence was a Schedule 2 offence. S. 35A(2) (2) An application under subsection (1) or (1A) amended by must not be made if the court which convicted Nos 68/2009 s. 97(Sch. the accused of the offence has already made a item 23.30), finding that the offence was committed in the 27/2016 circumstances specified in Schedule 2 in relation s. 12(2). to that offence. S. 35B 35B Applicant to notify accused (Heading) amended by No. 68/2009 s. 97(Sch. item 23.31). S. 35B inserted by No. 63/2003 s. 13.
S. 35(4) amended by No. 87/2004 s. 22(1)(h). (4) On an application under subsection (3), the court must not make an order declaring the date of conviction of a person of a Schedule 2 offence unless it is satisfied that the person has absconded. S. 35A (Heading) amended by No. 87/2004 s. 22(1)(i)(i) S. 35A inserted by No. 63/2003 s. 13. 35A Schedule 2 offences—application for court declaration S. 35A(1) amended by Nos 87/2004 s. 22(1)(i)(ii), 68/2009 s. 97(Sch. item 23.29). (1) Subject to subsection (2), the DPP may apply to the court which convicted an accused of an offence for a declaration that the offence was a Schedule 2 offence. S. 35A(1A) inserted by No. 27/2016 s. 12(1). (1A) Subject to subsection (2), if an accused is convicted of an offence by the Magistrates' Court or the Children's Court, an appropriate officer may apply to that court for a declaration that the offence was a Schedule 2 offence. S. 35A(2) amended by Nos 68/2009 s. 97(Sch. item 23.30), 27/2016 s. 12(2). (2) An application under subsection (1) or (1A) must not be made if the court which convicted the accused of the offence has already made a finding that the offence was committed in the circumstances specified in Schedule 2 in relation to that offence. S. 35B (Heading) amended by No. 68/2009 s. 97(Sch. item 23.31). S. 35B inserted by No. 63/2003 s. 13. 35B Applicant to notify accused