Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005)

TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   1.      Name of Act  
   2.      Commencement  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  

CHAPTER 2--OBJECTS AND IMPORTANT CONCEPTS

   6.      Objects of Act  
   7.      Purposes of sentencing  
   8.      Meaning of offender  

CHAPTER 3--SENTENCING AND NON-CONVICTION OPTIONS

   PART 3.1--GENERAL

   9.      Imposition of penalties  

   PART 3.2--SENTENCES OF IMPRISONMENT

   10.     Imprisonment  
   11.     Periodic detention  
   12.     Suspended sentences  

   PART 3.3--NON-CUSTODIAL SENTENCES

   13.     Good behaviour orders  
   14.     Fines—orders to pay  
   15.     Fines—maximum amounts  
   16.     Driver licence disqualification orders—motor vehicle theft  
   17.     Non-conviction orders—general  
   18.     Non-conviction orders—ancillary orders  
   19.     Reparation orders—losses and expenses generally  
   20.     Reparation orders—stolen property  

   PART 3.4--NON-ASSOCIATION AND PLACE RESTRICTION ORDERS

   21.     Definitions—pt 3.4  
   22.     Application—pt 3.4  
   23.     Non-association and place restriction orders—when may be made  
   24.     Non-association and place restriction orders—maximum period  
   25.     Non-association and place restriction orders—explanation and official  
   26.     Non-association order—disclosure of identifying information  

   PART 3.5--DEFERRED SENTENCE ORDERS

   27.     Deferred sentence orders—making  

   PART 3.6--COMBINATION SENTENCES

   28.     Application—pt 3.6  
   29.     Combination sentences—offences punishable by imprisonment  
   30.     Combination sentences—offences punishable by fine  
   31.     Combination sentences—start and end  

CHAPTER 4--SENTENCING PROCEDURES GENERALLY

   PART 4.1--GENERAL PRINCIPLES

   32.     Power to reduce penalties  
   33.     Sentencing—relevant considerations  
   34.     Sentencing—irrelevant considerations  
   35.     Reduction of sentence—guilty plea  
   36.     Reduction of sentence—assistance to law enforcement authorities  
   37.     Reduction of sentence—statement by court about penalty  
   38.     Sentences of imprisonment and uncompleted young offender orders  
   39.     Judgment after sentence deferred  

   PART 4.2--PRE-SENTENCE REPORTS

   40.     Application—pt 4.2  
   41.     Pre-sentence reports—order  
   42.     Pre-sentence reports—contents  
   43.     Pre-sentence reports—powers of assessors  
   44.     Pre-sentence reports—provision to court  
   45.     Pre-sentence reports—availability of written reports  
   46.     Pre-sentence reports—cross-examination  

   PART 4.3--VICTIM IMPACT STATEMENTS

   47.     Definitions—pt 4.3  
   48.     Application—pt 4.3  
   49.     Victim impact statements—who may make  
   50.     Victim impact statements—oral or written  
   51.     Victim impact statements—form and contents  
   52.     Victim impact statements—use in court  
   53.     Victim impact statements—effect  

   PART 4.4--TAKING ADDITIONAL OFFENCES INTO ACCOUNT

   54.     Definitions—pt 4.4  
   55.     Application—pt 4.4  
   56.     List of additional offences  
   57.     Outstanding additional offences taken into account in sentencing  
   58.     Ancillary orders relating to offences taken into account in  
   59.     Consequences of taking offences into account in sentencing  
   60.     Evidence of offences taken into account in sentencing  

   PART 4.5--CORRECTION AND ADJUSTMENT OF PENALTIES

   61.     Reopening proceedings to correct penalty errors  

CHAPTER 5--IMPRISONMENT

   PART 5.1--IMPRISONMENT--START AND END OF SENTENCES

   62.     Start and end of sentences—general rule  
   63.      Start of sentences—backdated sentences  

   PART 5.2--IMPRISONMENT--NONPAROLE PERIODS

   64.     Application—pt 5.2  
   65.     Nonparole periods—court to set  
   66.     Nonparole periods—setting if sentence currently being served  
   67.     Nonparole periods—recommended conditions  
   68.     Nonparole periods—review of decision on nonparole period  

   PART 5.3--IMPRISONMENT--CONCURRENT AND CONSECUTIVE SENTENCES

   69.     Definitions—pt 5.3  
   70.     Application—pt 5.3  
   71.     Concurrent and consecutive sentences—general rule  
   72.      Concurrent and consecutive sentences—offences in custody or unlawfully at  
   73.     Concurrent and consecutive sentences—fine default offences  
   74.     Amendment of start of sentences on setting aside or amending other  
   75.     Previous sentences to be noted in new sentence  

   PART 5.4--PERIODIC DETENTION

   76.     Application—pt 5.4  
   77.     Periodic detention—eligibility  
   78.     Periodic detention—suitability  
   79.     Periodic detention—pre-sentence report matters  
   80.     Periodic detention—concurrent and consecutive periods  

   PART 5.5--IMPRISONMENT--EXPLANATION AND INFORMATION

   81.     Application—pt 5.5  
   82.     Imprisonment—explanation to offender  
   83.     Imprisonment—written record of explanation  
   84.     Imprisonment—official notice of sentence  

CHAPTER 6--GOOD BEHAVIOUR ORDERS

   PART 6.1--GOOD BEHAVIOUR ORDERS--COMMUNITY SERVICE CONDITIONS

   85.     Meaning of community service condition—pt 6.1  
   86.     Application—pt 6.1  
   87.     Community service—convicted offenders only  
   88.     Community service—eligibility  
   89.     Community service—suitability  
   90.     Community service—pre-sentence report matters  
   91.     Community service—hours to be performed  
   92.     Community service—concurrent and consecutive orders  

   PART 6.2--GOOD BEHAVIOUR ORDERS--REHABILITATION PROGRAM CONDITIONS

   93.     Definitions—pt 6.2  
   94.     Application—pt 6.2  
   95.     Rehabilitation programs—probation condition required  
   96.     Rehabilitation programs—eligibility  
   97.     Rehabilitation programs—suitability  
   98.     Rehabilitation programs—pre-sentence report matters  
   99.     Rehabilitation programs—maximum period  
   100.    Rehabilitation programs—concurrent and consecutive orders  

   PART 6.3--GOOD BEHAVIOUR ORDERS--EXPLANATIONS AND OFFICIAL NOTICE

   101.    Application—pt 6.3  
   102.    Good behaviour orders—explanation to offenders  
   103.    Good behaviour orders—official notice of order  
   104.    Good behaviour orders—explanation and notice to sureties  

   PART 6.4--GOOD BEHAVIOUR ORDERS--OTHER PROVISIONS

   105.    Good behaviour—consequences of failure to sign undertaking  
   106.    Good behaviour—maximum amount of security  

CHAPTER 7--REPARATION ORDERS

   107.    Application—ch 7  
   108.    Reparation orders—no agreement about amount of loss etc  
   109.    Reparation orders—payment by instalments  
   110.    Reparation orders—evidential basis for orders  
   111.    Reparation orders—power to make other orders etc  
   112.    Reparation orders—Confiscation of Criminal Assets Act  
   113.    Reparation orders—official notice of order  

CHAPTER 8--DEFERRED SENTENCE ORDERS

   PART 8.1--DEFERRED SENTENCE ORDERS--MAKING

   114.    Application—pt 8.1  
   115.    Meaning of deferred sentence obligations—pt 8.1  
   116.    Deferred sentence orders—eligibility  
   117.    Deferred sentence orders—suitability  
   118.    Deferred sentence orders—indication of penalties  
   119.    Deferred sentence orders—review requirements in orders  
   120.    Deferred sentence orders—obligations  
   121.    Deferred sentence orders—explanation and official notice  
   122.    Deferred sentence orders—period of effect  

   PART 8.2--DEFERRED SENTENCE ORDERS--SUPERVISION

   123.    Application—pt 8.2  
   124.    Deferred sentence orders—arrest without warrant  
   125.    Deferred sentence orders—arrest warrant  
   126.    Deferred sentence orders—review  
   127.    Deferred sentence orders—notice of review  

   PART 8.3--DEFERRED SENTENCE ORDERS--AMENDMENT OR CANCELLATION

   128.    Deferred sentence orders—court's powers on review  
   129.    Deferred sentence orders—when amendments take effect  
   130.    Deferred sentence orders—when cancellation takes effect  
   131.    Deferred sentence orders—effect of cancellation  

   PART 8.4--DEFERRED SENTENCE ORDERS--OTHER PROVISIONS

   132.    Deferred sentence orders—automatic cancellation on bail  
   133.    Deferred sentence orders—relationship with Bail Act  

CHAPTER 9--MISCELLANEOUS

   134.    Operation of ancillary and restitution orders  
   135.    Reparation—other actions for recovery  
   136.    Information exchanges between criminal justice entities  
   137.    Reduction of sentence—appeal if assistance undertaking breached  
   138.    Effect of failure to comply with Act  
   139.    Regulation-making power  

CHAPTER 10--TRANSITIONAL

   140.    Application of Act—charges after commencement  
   141.    Nonparole periods—Rehabilitation of Offenders (Interim) Act, s  
   142.    Reparation orders—Crimes Act, s 350  
   143.    Transitional regulations  
           DICTIONARY
           ENDNOTES