Australian Capital Territory Current Acts

CRIMES (SENTENCING) ACT 2005 - SECT 80

    (1)     A court must not make an intensive correction order with intensive correction to be served concurrently or consecutively with a sentence of full-time imprisonment, a suspended sentence of imprisonment, a sentence of default imprisonment or a good behaviour order.

    (2)     However, a court may make an intensive correction order with intensive correction to be served concurrently with a good behaviour order if—

        (a)     an offender is under a good behaviour order but not under a suspended sentence order; and

        (b)     the offender is convicted of an offence that was committed before the offence to which the order relates.

    (3)     If subsection (2) applies, the sentencing court may sentence the offender to serve a term of imprisonment by intensive correction to be served concurrently with the offender's good behaviour order.

    (4)     A court may also make an intensive correction order if—

        (a)     an offender is under a suspended sentence order but not in full-time detention; and

        (b)     the offender is convicted of an offence that was committed before the offence to which the order relates.

    (5)     If the sentencing court makes an order under subsection (4), the court must cancel the offender's suspended sentence order and re-sentence the offender to serve a term of imprisonment by intensive correction.