Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 102

    (1)     This section applies if a corrections officer believes on reasonable grounds that an offender has breached any of the offender's good behaviour obligations (a reportable breach ).

    (2)     The corrections officer must, in writing—

        (a)     make a record of the reportable breach; and

        (b)     report the reportable breach to the sentencing court.

    (3)     However, other than for a reportable breach the conduct of which could constitute an offence, the corrections officer—

        (a)     need not report the reportable breach to the sentencing court; and

        (b)     may instead warn the offender about the reportable breach, and that further reportable breaches may be reported to the sentencing court.

    (4)     A report under subsection (2) and a warning under subsection (3) must—

        (a)     be recorded in writing; and

        (b)     include the grounds for believing there has been a breach; and

        (c)     for a report under subsection (2)—include a summary of any reportable breach for which the offender has previously been warned and an explanation of why the warning was given; and

        (d)     for a warning under subsection (3)—comply with the guidelines under subsection (5).

    (5)     The director-general must make guidelines about when a corrections officer may warn an offender about a reportable breach.

    (6)     The guidelines must set out—

        (a)     the matters a corrections officer must consider before warning an offender; and

        (b)     procedures about how and when a corrections officer may warn an offender; and

        (c)     the circumstances in which a corrections officer must report a reportable breach to the sentencing court.

    (7)     A guideline is a notifiable instrument.

Note     Power to make a guideline includes power to make different provision in relation to different matters or different classes of matters, and to make a guideline that applies differently by reference to stated exceptions or factors (see Legislation Act

, s 48).

    (8)     In this section:

"offender"—

        (a)     includes a young offender for whom the director-general responsible for this Act is responsible in accordance with a decision under section 320F; but

        (b)     does not include any other young offender.

Note     For other young offenders, see s 320G (Young offenders—breach of good behaviour obligations).