Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 11

    (1)     This section applies if—

        (a)     an offender is convicted of an offence; and

        (b)     the court sentences the offender to imprisonment for the offence.

    (2)     The court may, in the order sentencing the offender to imprisonment, set a period of the sentence of imprisonment (a  periodic detention period ) to be served by periodic detention.

Note     A periodic detention period may be part of a combination sentence together with other sentencing options (see pt 3.6).

    (3)     The periodic detention period—

        (a)     may be for all or part of the offender's sentence of imprisonment; but

        (b)     must be for a period of at least 3 months and not longer than 2 years.

    (4)     When the court sets the periodic detention period, the court must state—

        (a)     when the periodic detention period starts and ends; and

        (b)     the day the first detention period under the Crimes (Sentence Administration) Act 2005 for the offender is to start.

    (5)     The court may also recommend any condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005 , that the court considers appropriate for the offender's periodic detention.

Examples of conditions

see the examples to section 13 (3) (g) (Good behaviour orders)

Note 1     The sentence administration board may consider any recommendation made by the court but is not bound to follow the recommendation (see Crimes (Sentence Administration) Act 2005 ).

Note 2     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).

    (6)     This section is subject to chapter 5 (Imprisonment).

Note     See, in particular, pt 5.4 about eligibility and suitability for, and other matters in relation to, periodic detention.