Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 61

Change to periodic detention period—effect on combination sentence

    (1)     This section applies if—

        (a)     a periodic detention period of an offender's sentence of imprisonment is part of a combination sentence; and

        (b)     the combination sentence includes an order (the other sentencing order ) taking effect after the end of the periodic detention period.

    (2)     If the periodic detention period is changed under any of the following provisions, a corresponding change is automatically made to the term of the other sentencing order and the combination sentence of which it forms part:

        (a)     section 51 (Periodic detention—reporting day);

        (b)     section 58 (Failing to perform periodic detention—extension of periodic detention period);

        (c)     section 60 (Offender not fit for periodic detention—extension of periodic detention period);

        (d)     section 71 (Review of chief executive decisions under part 5.3).

Example of effect on combination sentence

Dieter is subject to a combination sentence, with an overall term of 3 years, consisting of a 2-year periodic detention period and a good behaviour order. The good behaviour order is expressed to have effect for the remainder of the sentence after the end of the periodic detention period.

Dieter's periodic detention period is extended under s 58 (Failing to perform periodic detention—extension of periodic detention period) by 1 week. As a result, the term of the good behaviour order is also extended by 1 week (beyond the end of the original overall term of the sentence).

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback