Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if a court is sentencing an offender convicted of an offence punishable by imprisonment.
(2) The court may, by order, sentence the offender to imprisonment, for all or part of the term of the sentence, if the court is satisfied, having considered possible alternatives, that no other penalty is appropriate.
Note An order sentencing an offender to imprisonment may be part of a combination sentence together with other sentencing options (see pt 3.6).
(3) If the court sentences the offender to imprisonment, the sentence must be served by full-time detention in a correctional centre, unless—
(a) the court orders otherwise; or
(b) the offender is released from full-time detention under this Act or another territory law.
Example for par (a)
the court makes a suspended sentence order
Examples for par (b)
1 the court sets a period of the sentence to be served by periodic detention
2 release on parole under the Crimes (Sentence Administration) Act 2005
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4) If the court sentences the offender to imprisonment, the court must record the reasons for its decision.
(5) Failure to comply with subsection (4) does not invalidate the sentence of imprisonment.
(6) This section also applies subject to any contrary intention in the law that directly or indirectly creates the offence or directly or indirectly affects its scope or operation.
(7) This section is subject to chapter 5 (Imprisonment).