Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 65

    (1)     This section applies if, after an offender was sentenced to serve intensive correction, the offender commits, and is convicted or found guilty of—

        (a)     an offence against a territory law, or a law of the Commonwealth, a State or another Territory, that is punishable by imprisonment; or

        (b)     an offence outside Australia that, if it had been committed in Australia, would be punishable by imprisonment.

    (2)     The sentencing court must, as soon as practicable—

        (a)     cancel the intensive correction order, unless cancellation is not in the interests of justice; and

        (b)     if the court cancels the intensive correction order—order that the remainder of the offender's sentence be served by full-time detention.

    (3)     If the offender is convicted or found guilty of an offence mentioned in subsection (1) by the Supreme Court and the intensive correction order was made by the Magistrates Court, the Supreme Court is taken to be the sentencing court for this section.

    (4)     If the offender is convicted or found guilty of an offence mentioned in subsection (1) by the Magistrates Court and the intensive correction order was made or amended by the Supreme Court—

        (a)     the Supreme Court is taken to be the sentencing court for this section; and

        (b)     the Magistrates Court—

              (i)     must, in addition to dealing with the offender for the offence mentioned in subsection (1), commit the offender to the Supreme Court to be dealt with in accordance with subsection (2); and

              (ii)     may remand the offender in custody until the offender can be brought before the Supreme Court.

Note     For remanding or granting bail to the offender, see the Bail Act 1992

.

    (5)     If the court makes an order under subsection (2) (b), the court—

        (a)     must state when the period of full-time detention starts and ends; and

        (b)     may set a nonparole period for the period of full-time detention if—

              (i)     the sentence of imprisonment for which the intensive correction order was made is more than 12 months; and

              (ii)     the period of full-time detention is more than 30 days.

    (6)     To remove any doubt, the Crimes (Sentencing) Act 2005

, part 5.2, applies to a nonparole period set under subsection (5) (b) as if the nonparole period had been set under that part.

Note     The Crimes (Sentencing) Act 2005

, pt 5.2 deals with setting and review of nonparole periods.

    (7)     If the court decides that it is not in the interests of justice to cancel the intensive correction order, the court must give reasons for the decision.

    (8)     If the offender is convicted or found guilty of an offence mentioned in subsection (1) by a court other than an ACT court, the board must refer the offender to the sentencing court as soon practicable after becoming aware of the conviction or finding of guilt.