Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 84

    (1)     As soon as practicable after (but no later than 10 working days after the day) the court makes the order sentencing the offender to imprisonment, the court must ensure that written notice of the order, together with a copy of the order, is given to—

        (a)     the offender; and

        (b)     the chief executive; and

        (c)     if the court sets a periodic detention period or nonparole period for the sentence—the secretary of the sentence administration board.

Note 1     If a form is approved under the Court Procedures Act 2004 for this provision, the form must be used (see that Act, s 8 (2)).

Note 2     If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act, s 49).

    (2)     The notice must include the following information:

        (a)     when the sentence starts or is taken to have started;

        (b)     when the sentence ends;

        (c)     whether the sentence is to be served as full-time detention, periodic detention or a combination of these kinds of imprisonment;

        (d)     if the sentence includes more than 1 kind of imprisonment—when each kind of imprisonment starts and ends;

        (e)     if a suspended sentence order is made for a part of the sentence—when the suspended part of the sentence starts and ends;

        (f)     if the order sets a periodic detention period the offender (the "periodic detainee")—

              (i)     when and where the periodic detainee is first to report for periodic detention; and

              (ii)     any conditions recommended by the court for the offender's periodic detention;

        (g)     if a nonparole period is set for the sentence—the nonparole period and when it starts and ends;

        (h)     the earliest day (on the basis of the information currently available to the court) that the offender will become entitled to be released from detention or be eligible to be released on parole.

    (3)     The court may remand the periodic detainee in custody until the detainee is given the notice.

    (4)     Failure to comply with this section does not invalidate the sentence of imprisonment.