Australian Capital Territory Numbered Acts

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CRIMES (AMENDMENT) ACT (NO. 3) 1997 (NO. 86 OF 1997) - SECT 4

Insertion

4. After section 443 of the Principal Act the following section is inserted:

“444. (1) In imposing a defined sentence on an adult who is, at the time of sentencing, the subject of a Children's Services Act order, a court shall—

        (a)     in determining the duration of the defined sentence, take into account any remaining period during which the Children's Services Act order would remain in force if not discharged under paragraph (b); and

        (b)     discharge the Children's Services Act order accordingly.

“(2) In this section—

‘adult' means a person of the age of 18 years or over;
‘Children's Services Act order' means an order under paragraph 47 (1) (g), (h), (i), (j) or (k) of the Children's Services Act 1986 ;
‘defined sentence', in relation to an adult, means a sentence that would be likely to bring the adult into contact with other adult offenders, including—

        (a)     a sentence of imprisonment;

        (b)     a periodic detention order under section 4 of the Periodic Detention Act 1995 ; and
        (c)     a community service order under section 556G.”.


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