Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts9. After section 448 of the Principal Act the following sections and Division are inserted in Part XII:
“449. (1) Where a sentence or a non-parole period is reduced because of the person's promised cooperation, of the kind referred to in paragraph 429A (1) (h), the court shall—
(a) in relation to the sentence—specify the reason for the reduction and the sentence that would have been imposed but for the reduction; and
(b) in relation to the non-parole period—specify the reason for the reduction and the period that would have been fixed but for the reduction.
“(2) Where—
(a) a sentence or non-parole period is reduced because the person has undertaken to cooperate with law enforcement agencies; and
(b) after sentence, the person does not cooperate in accordance with the undertaking;
the Director of Public Prosecutions may, at any time while the person is under sentence, if the Director is of the opinion that it is in the interests of the administration of justice to do so, appeal against the inadequacy of the sentence or of the non-parole period.
“(3) The court hearing the appeal—
(a) if it is satisfied that the person has failed entirely to cooperate in accordance with the undertaking—shall substitute for the reduced sentence or non-parole period the sentence or non-parole period that would have been imposed on, or fixed in respect of, the person but for the reduction; and
(b) if it is satisfied that the person has failed in part to cooperate in accordance with the undertaking—may substitute for the reduced sentence or non-parole period such a sentence or non-parole period as it thinks appropriate.
“(4) The sentence or non-parole period that may be substituted under paragraph (3) (b) shall not exceed that which may be imposed or fixed under paragraph (3) (a).
“450. (1) Where a court passes a sentence of imprisonment on a person for an offence against a law of the Territory and fixes a non-parole period in respect of the sentence, it shall explain or cause to be explained to the person, in language likely to be readily understood by the person, the purpose and consequences of fixing that non-parole period including, in particular, an explanation—
(a) that service of the sentence will entail a period of imprisonment of not less than the non-parole period and, if a parole order is made, a period of service in the community to complete service of the sentence;
(b) that, if a parole order is made, the order will be subject to conditions;
(c) of the consequences that may follow if the person fails, without reasonable excuse, to fulfil those conditions; and
(d) that the parole order may be amended or revoked.
“(2) Where a court passes a sentence of imprisonment on a person for an offence against a law of the Territory but gives a direction under paragraph 556B (1) (b) in respect of that sentence, it shall explain or cause to be explained to the person, in language likely to be readily understood by the person, the purpose and consequences of giving that direction including, in particular, an explanation—
(a) that service of the sentence will entail a period of imprisonment equal to the pre-release period (if any) specified in that direction and a period of service in the community equal to the balance of the sentence;
(b) of the conditions to which that direction is subject;
(c) of the consequences that may follow if the person fails, without reasonable excuse, to fulfil those conditions; and
(d) that any recognisance given in accordance with that direction may be discharged or varied under section 556D.
“(3) Where—
(a) a court explains or causes to be explained to a person, in accordance with subsection (1) or (2), the matters specified in that subsection; and
(b) that person is to serve a term of imprisonment;
the Registrar of the court shall provide or cause to be provided to that person, or his or her legal representative, a written record of those matters.
“451. (1) If an offender is sentenced to a term of imprisonment in respect of an offence, any period of time during which he or she was held in custody in relation to proceedings for that offence or proceedings arising from those proceedings shall be reckoned as a period of imprisonment already served under the sentence.
“(2) Subsection (1) does not apply—
(a) to a period of custody of less than 1 day;
(b) to a sentence of imprisonment of less than 1 day; or
(c) to a sentence of imprisonment which has been wholly suspended or to the suspended part of a partly suspended sentence of imprisonment.
“(3) If a person charged with a series of offences committed on different occasions has been in custody continuously since arrest, the period of custody for the purposes of subsection (1) shall be reckoned from the time of his or her arrest even if he or she is not convicted of the offence with respect to which he or she was first arrested or other offences in the series.
“452. If an offender's sentence is to be served in a prison of a State or another Territory where sentences are not subject to remission or reduction, the court imposing the sentence shall take that fact into account in determining the length of the sentence and shall adjust the sentence accordingly.
“453. In this Division—
“454. (1) If a court finds a person guilty of an offence it may, before passing sentence, order an authorised officer to prepare a pre-sentence report in respect of the offender and adjourn the proceedings to enable the report to be prepared.
“(2) A pre-sentence report may be presented to the court either orally or in written form.
“(3) A court shall not order a pre-sentence report in respect of a person before the court finds that person guilty of an offence unless the person has indicated that he or she proposes to plead guilty to the offence.
“(4) The authorised officer shall conduct any investigation that he or she thinks appropriate or that is directed by the court.
“455. (1) The authorised officer shall, so far as practicable, include in a pre-sentence report particulars of each of the following matters which, on investigation, appear to be relevant to sentence:
(a) the age of the offender;
(b) the social history and background (including cultural background) of the offender;
(c) the medical and psychiatric history of the offender;
(d) the offender's educational background;
(e) the offender's employment history;
(f) the circumstances of any offences of which the offender has been found guilty and in respect of which the offender is to be sentenced;
(g) the extent to which the offender is complying, or has complied, with any sentence;
(h) the offender's financial circumstances;
(i) any special needs of the offender;
(j) any courses, programs, treatment, therapy or other assistance that is available to the offender and from which he or she may benefit;
(k) the authorised officer's opinion about—
(i) the offender's attitude to the offence; and
(ii) the offender's propensity to commit further offences;
(l) any other facts which the authorised officer considers to be relevant.
“(2) The authorised officer shall include in the report any other matter relevant to the sentencing of the offender which the court has directed to be set out in the report.
“456. The authorised officer shall, before the court passes sentence, provide a copy of any written pre-sentence report to—
(a) the prosecutor;
(b) any legal practitioner representing the offender; and
(c) where—
(i) the court has so directed; or
(ii) the offender is not legally represented;
the offender.
“457. The prosecution and the defence may cross-examine the author of a pre-sentence report on its contents.”.