Australian Capital Territory Numbered Acts

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CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 77

Periodic detention—eligibility

    (1)     The court must not set a periodic detention period for the offender unless satisfied that—

        (a)     periodic detention is suitable for the offender (see section 78); and

        (b)     it is appropriate for the offender to serve all or part of the sentence by periodic detention; and

        (c)     there are appropriate facilities available at a correctional centre for the offender to serve any period of periodic detention set by the court; and

        (d)     the offender has signed an undertaking to comply with the offender's periodic detention obligations under the Crimes (Sentence Administration) Act 2005 .

    (2)     The court may decline to set a periodic detention period for the offender if—

        (a)     the court asks the offender to undergo a medical examination by a doctor, as directed by the court; and

        (b)     the offender does not undergo the examination in accordance with the direction.



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