Australian Capital Territory Current Acts

CRIMES (SENTENCING) ACT 2005 - SECT 84

    (1)     As soon as practicable after (but no later than 10 working days after the day) the court makes the order sentencing the offender to imprisonment, the court must ensure that written notice of the order, together with a copy of the order, is given to—

        (a)     the offender; and

        (b)     the director-general; and

        (c)     if the court sets a nonparole period for the sentence—the secretary of the sentence administration board.

Note 1     If a form is approved under the Court Procedures Act 2004

for this provision, the form must be used (see that Act, s 8 (2)).

Note 2     For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).

Note 3     If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act

, s 49).

    (2)     The notice must include the following information:

        (a)     when the sentence starts or is taken to have started;

        (b)     when the sentence ends;

        (c)     whether the sentence is to be served as full-time detention or by intensive correction;

        (d)     if the sentence includes more than 1 kind of imprisonment—when each kind of imprisonment starts and ends;

        (e)     if a suspended sentence order is made for a part of the sentence—when the suspended part of the sentence starts and ends;

        (f)     if the court makes an intensive correction order—any conditions made by the court for the intensive correction order;

        (g)     if a nonparole period is set for the sentence—the nonparole period and when it starts and ends;

        (h)     the earliest day (on the basis of the information currently available to the court) that the offender will become entitled to be released from detention or be eligible to be released on parole;

              (i)     if the sentence is for an offence committed by the offender while on parole for another offence—an end date for the offender's parole time credit under Crimes (Sentence Administration) Act 2005

, part 7.5A (Parole time credit).

    (3)     If the court makes an intensive correction order for the offender, the court may remand the offender in custody until the offender is given the notice.

    (4)     Failure to comply with this section does not invalidate the sentence of imprisonment.

    (5)     In this section:

"director-general" means—

        (a)     for an order made for a young offender—the CYP director-general; and

        (b)     for any other order—the director-general responsible for this Act.