Queensland Consolidated Acts Queensland Consolidated Acts(1) This section does not apply to an error in a sentence, or to an error consisting of a failure to impose a sentence, for which a court may reopen a proceeding under the Penalties and Sentences Act 1992, section 188.
(2) Where justices record a conviction or make an order that is based on or contains an error of fact, those justices or any other justices may, on the application of a party to the proceedings or a clerk of the court reopen the proceedings and after giving the parties an opportunity of being heard, set aside the conviction or vacate or vary the order in either case to conform with the facts.
Example—
An order may be varied to correct the defendant's name.
(3) The powers conferred by subsection (2) include power to set aside a conviction or vacate or vary an order where the justices are satisfied that—
(a) the conviction or order has been recorded or made against the wrong person; or
(b) the summons issued upon the complaint originating the proceedings that resulted in the conviction or order did not come to the knowledge of the defendant; or
(c) the defendant in the proceedings that resulted in the conviction or order has been previously convicted of the offence the subject of the complaint originating those proceedings; or
(d) the conviction or order recorded or made against the person was incorrectly ordered or made because of someone's deceit.
(4) The justices may, upon the hearing of an application pursuant to this section, take evidence orally or by affidavit.
(5) An application pursuant to subsection (2) shall be made within 28 days after the date of the conviction or order or such further time as the justices allow upon application made at any time in that behalf.