Australian Capital Territory Current Acts

CRIMES (SENTENCING) ACT 2005 - SECT 77

    (1)     The court must not make an intensive correction order for the offender unless satisfied that—

        (a)     an intensive correction order is suitable for the offender under section 78; and

        (b)     it is appropriate for the offender to serve the sentence by intensive correction; and

        (c)     the offender has given informed consent to serving the sentence by intensive correction.

    (2)     An offender gives informed consent for subsection (1) (c) if the offender consents after the offender is given—

        (a)     a clear explanation of the intensive correction order that contains sufficient information to enable the offender to make a balanced judgment about whether or not to consent to serve the sentence by intensive correction; and

        (b)     an opportunity to ask any questions about the order, and those questions have been answered and the offender appears to have understood the answers.

Note     An intensive correction order may not be made for a young offender (see s 11).