Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 75

    (1)     A court must not discharge an intensive correction order unless—

        (a)     the court is satisfied that the offender has complied with the order; and

        (b)     the offender has served at least 12 months of the offender's sentence by intensive correction; and

        (c)     the order is replaced with a—

              (i)     suspended sentence order; and

              (ii)     good behaviour order with core conditions.

    (2)     Despite subsection (1) a court may, on application by the director-general or referral by the board under section 64 (2) (d), discharge an intensive correction order if—

        (a)     the court is satisfied that the offender is unlikely to be able to serve the remainder of the order by intensive correction, having regard to—

              (i)     the offender's health; or

              (ii)     any exceptional circumstances affecting the offender; and

        (b)     the order is replaced with a—

              (i)     suspended sentence order; and

              (ii)     good behaviour order with core conditions.

    (3)     A court must not amend the length of an intensive correction order.