86MWarnings: administration

1. A warning that a court is required to give to an offender under section 86K, 86KA, or 86L must be given to the offender at the time of sentencing if the offender is before the court at that time.

2. However, if a court, at the time of sentencing, omits to give a warning required under section 86K, 86KA, or 86L to an offender who was before the court at that time, the court must,—

3. if the court is the court that first sentenced the offender for the relevant qualifying offence,—
   1. as soon as is reasonably practicable after becoming aware of the omission, issue a summons to bring the offender before the court; and
   2. if the offender fails to appear before the court in answer to the summons, as soon as is reasonably practicable after that failure, issue a warrant to arrest the offender to bring them before the court; or
4. if the court is not the court that first sentenced the offender for the relevant qualifying offence, as soon as is reasonably practicable after becoming aware of the omission, remit the proceeding to the court that first sentenced the offender for the relevant qualifying offence for a warning to be given to the offender.

5. Subsection (5) applies if,—

6. on an appeal, a court quashes or sets aside a sentence, not being a sentence for which a warning was required to be given under section 86K, 86KA, or 86L, imposed on an offender for a qualifying offence and imposes another sentence in substitution for it; and
7. the offender is not before the court at the time that it imposes the substituted sentence; and
8. the substituted sentence is a sentence for which the court would have been required to give the offender a warning under section 86K, 86KA, or 86L if the offender had been before the court at that time.

9. Subsection (5) also applies if,—

10. on an appeal, a court quashes or sets aside a determinate sentence of imprisonment of more than 12 months but not more than 24 months imposed on an offender for a stage-2 offence and imposes a qualifying sentence in substitution for it; and
11. the offender is not before the court at the time that it imposes the substituted sentence.

12. If this subsection applies, the court that heard the appeal must remit the proceeding to the court that first sentenced the offender for the relevant offence for a warning to be given to the offender.

13. A court to which a proceeding is remitted under subsection (2) or (5) must,—

14. as soon as is reasonably practicable after the proceeding is remitted to it, issue a summons to bring the offender before the court; and
15. if the offender fails to appear before the court in answer to the summons, as soon as is reasonably practicable after that failure, issue a warrant to arrest the offender to bring them before the court.

16. If an offender appears before a court under subsection (2) or (6), the court must, despite subsection (1), when the offender so appears, give the warning and make the entry required under section 86K, 86KA, or 86L (whichever applies).

17. A Judge need not use a particular form of words in giving a warning required under section 86K, 86KA, or 86L.