Australian Capital Territory Numbered Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 340

    (1)     This section applies if—

        (a)     an offender is charged with an offence before the commencement day (whether the proceeding for the offence starts or ends before, on or after the commencement day); and

        (b)     a court makes an order under the Crimes Act 1900 , section 408 (the old community service order ) directing the offender to perform unpaid work for a number of hours stated in the order; and

        (c)     the court also makes an order under the Crimes Act 1900 , section 403 (1) (a) for the offender for the offence; and

        (d)     if the old community service order was made before the commencement day—the order is, immediately before the commencement day, still in force.

Note     A court may make a community service order under the Crimes Act 1900 , s 408 for the offender in a proceeding that starts or ends before, on or after the commencement day if the offender was charged with the offence before the commencement day (see Crimes (Sentencing) Act 2005 , s 140 (2) (Application of Act—charges after commencement)).

    (2)     Section 337 (Conditional release of convicted offenders— Crimes Act , s 403 (1) (a)) applies to the offender as if—

        (a)     the s 403 (1) (a) order for that section included a community service condition; and

        (b)     the good behaviour order is taken to include a community service condition under the Crimes (Sentencing) Act 2005 requiring the offender to do the same number of hours of work, or the number of hours remaining to be done, on the same terms, as the old community service order; and

        (c)     the community service condition of the good behaviour order ends at the same time as the term of the old community service order, unless the good behaviour order is amended under this Act to extend the term of the community service condition.

    (3)     For subsection (2) (c), the court may extend the term of the community service condition for the good behaviour order if the court considers that it is necessary or desirable to extend the term of the condition.