CRIMES (SENTENCING PROCEDURE) ACT 1999

New South Wales Consolidated Acts

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- As at 1 July 2024
- Act 92 of 1999

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Name of Act
2. Commencement
3. Interpretation
3A. Purposes of sentencing

PART 2 - PENALTIES THAT MAY BE IMPOSED

Division 1 - General

4. Penalties generally
4A. Domestic violence offenders--requirement for full-time detention or supervision
4B. Domestic violence offenders--protection and safety of victims

Division 2 - Custodial sentences

5. Penalties of imprisonment
5A. Compulsory drug treatment detention
6. (Repealed)
7. Intensive correction orders

Division 3 - Non-custodial alternatives

8. Community correction orders
9. Conditional release orders
10. Dismissal of charges and conditional discharge of offender
10A. Conviction with no other penalty
11. Deferral of sentencing for rehabilitation, participation in an intervention program or other purposes
12, 13. (Repealed)

Division 4 - Fines

14. (Repealed)
15. Fines as an additional or alternative penalty to imprisonment for offences dealt with on indictment
16. Fines for bodies corporate for offences punishable by imprisonment only
17. Penalty units

Division 4A - Non-association and place restriction orders

17A. Non-association and place restriction orders

Division 4B - Assessment reports

17B. Definition of and provisions relating to "assessment report"
17C. Request for assessment report
17D. Requirement for assessment report

Division 4C - Provisions relating to certain orders

17E. Definitions
17F. Multiple orders
17G. Community service work conditions under multiple orders
17H. Curfew conditions under multiple orders
17I. Explanation of relevant order to offender
17J. Notice of relevant order to be given

Division 5 - Miscellaneous

18. Interpretation of provisions imposing penalties
19. Effect of alterations in penalties
20. No double jeopardy

PART 3 - SENTENCING PROCEDURES GENERALLY

Division 1 - General

21. General power to reduce penalties
21A. Aggravating, mitigating and other factors in sentencing
21B. Sentencing patterns and practices
22. Guilty plea to be taken into account for offences not dealt with on indictment
22A. Power to reduce penalties for facilitating the administration of justice
23. Power to reduce penalties for assistance provided to law enforcement authorities
24. Court to take other matters into account
24A. Mandatory requirements for supervision and other prohibitions to be disregarded in sentencing
24B. Confiscation of assets and forfeiture of proceeds of crime to be disregarded in sentencing
24C. Loss of parliamentary pension to be disregarded in sentencing
25. Local Court not to impose certain penalties if offender is absent
25AA. Sentencing for child sexual offences

Division 1A - Sentencing discounts for guilty pleas to indictable offences

25A. Application of Division
25B. Definitions
25C. Timing of pleas and notice requirements
25D. Sentencing discounts for guilty plea for offences dealt with on indictment
25E. Sentencing discounts to apply in certain cases where guilty plea offer made for different offences and refused when made
25F. Other provisions applying to sentencing discount

Division 2 - Victim impact statements

Subdivision 1 - Preliminary

26. Definitions
27. Application of Division

Subdivision 2 - Preparation of statements

28. Contents of victim impact statements
29. Formal requirements for victim impact statements
30. Victim may be assisted

Subdivision 3 - Consideration of statements by court

30A. Tendering of victim impact statements
30B. Receipt of victim impact statement by court
30C. Victim may object to tendering of victim impact statement
30D. Reading out of statement
30E. How court uses victim impact statements
30F. Restrictions on consideration of victim impact statements not made in accordance with Division
30G. Access to victim impact statements prior to sentencing hearing

Subdivision 4 - Special provisions relating to the reading of statements

30H. Victims are entitled to have a support person present
30I. Victims who are entitled to give evidence in closed court may also read their victim impact statements in closed court
30J. Victims who are entitled to give evidence by CCTV may also read their victim impact statements by CCTV
30K. Other victims may read their victim impact statements in closed court or by CCTV with leave of court

Subdivision 5 - Special provisions regarding forensic patients

30L. Victim impact statements where verdict of act proven but not criminally responsible
30M. Submissions by designated carers and principal care providers
30N. Victim impact statements in mental health and cognitive impairment forensic proceedings

Division 3 - Taking further offences into account

31. Definitions
32. Prosecutor may file list of additional charges
33. Outstanding charges may be taken into account
34. Ancillary orders relating to offences taken into account
35. Consequences of taking offences into account
35A. Consultation with victim and police in relation to charge negotiations

Division 4 - Sentencing guidelines

36. Definitions
37. Guideline judgments on application of Attorney General
37A. Guideline judgments on own motion
37B. Review, variation and revocation of guideline judgments
38. Senior Public Defender may intervene
39. Director of Public Prosecutions may intervene
39A. Attorney General may intervene
40. Discretion of Court preserved
41. Rules of court
42. Use of evidence in giving guideline judgments
42A. Relationship of guidelines and other sentencing matters

Division 5 - Correction and adjustment of sentences

43. Court may reopen proceedings to correct sentencing errors

PART 4 - SENTENCING PROCEDURES FOR IMPRISONMENT

Division 1 - Setting terms of imprisonment

44. Court to set non-parole period
45. Court may decline to set non-parole period
46. Court not to set non-parole period for sentence of 6 months or less
47. Commencement of sentence
48. Information about release date
49. Restriction on term of sentence
50-51B. (Repealed)
52. Court's powers on appeal
53. Multiple sentences of imprisonment
53A. Aggregate sentences of imprisonment
53B. Limitation on aggregate sentences imposed by Local Court
54. Exclusions from Division

Division 1A - Standard non-parole periods

54A. What is the standard non-parole period?
54B. Consideration of standard non-parole period in sentencing
54C. Court to give reasons if non-custodial sentence imposed
54D. Exclusions from Division
Table. Standard non-parole periods

Division 2 - Concurrent and consecutive sentences

55. Sentences for offences generally
56. Sentences for offences involving assault by convicted inmate
57. Sentences for offences involving escape by inmates
58. Limitation on consecutive sentences imposed by Local Court
59. Court may vary commencement of sentence on quashing or varying other sentence
60. Application of Division to interstate sentences of imprisonment

Division 2A - Provisional sentencing for child offenders

60A. Definitions
60B. Power to impose provisional sentence
60C. Case plan to be provided
60D. Effect of provisional sentence
60E. Progress reviews
60F. Progress reports to be provided by person responsible for detention of an offender
60G. Final sentence
60H. Time limit for imposition of final sentence
60I. Appeals

Division 3 - Miscellaneous

61. Mandatory life sentences for certain offences
62. Warrant of commitment
63. Offenders to be photographed and fingerprinted

PART 5 - SENTENCING PROCEDURES FOR INTENSIVE CORRECTION ORDERS

Division 1 - Preliminary

64. Application
65. Definition

Division 2 - Restrictions on power to make intensive correction orders

66. Community safety and other considerations
67. Intensive correction order not available for certain offences
68. Intensive correction orders not available where imprisonment exceeds limits
69. Assessment of suitability of offender for intensive correction order

Division 3 - Term and commencement

70. Term of intensive correction order
71. Commencement of intensive correction order

Division 4 - Conditions

72. Conditions generally
73. Standard conditions
73A. Additional conditions
73B. Further conditions

PART 6 - (Repealed)
None

PART 7 - SENTENCING PROCEDURES FOR COMMUNITY CORRECTION ORDERS

Division 1 - Preliminary

84. Application

Division 2 - Term and commencement

85. Term of community correction order
86. Commencement of community correction order

Division 3 - Conditions

87. Conditions generally
88. Standard conditions
89. Additional conditions
90. Further conditions
91. Power of court in dealing with applications
92, 93. (Repealed)

PART 8 - SENTENCING PROCEDURES FOR CONDITIONAL RELEASE ORDERS

Division 1 - Preliminary

94. Application

Division 2 - Term and commencement

95. Term of conditional release order
96. Commencement of conditional release order

Division 3 - Conditions

97. Conditions generally
98. Standard conditions
99. Additional conditions
99A. Further conditions
100. Power of court in dealing with applications

PART 8A - NON-ASSOCIATION AND PLACE RESTRICTION ORDERS

100A. Non-association and place restriction orders not to restrict certain associations or activities
100B. Explanation of non-association and place restriction orders to offenders
100C. Commencement of non-association and place restriction orders
100D. Suspension of non-association and place restriction orders while offenders in custody
100E. Contravention of non-association and place restriction orders
100F. Variation or revocation of non-association and place restriction orders following subsequent conviction
100G. Variation or revocation of non-association and place restriction orders on application
100H. Certain information not to be published or broadcast

PART 8B - NEW SOUTH WALES SENTENCING COUNCIL

100I. Constitution of New South Wales Sentencing Council
100J. Functions of Sentencing Council
100K. Committees of Sentencing Council
100L. Staff of Sentencing Council

PART 8C - SENTENCING PROCEDURES FOR INTERVENTION PROGRAM ORDERS

Division 1 - Preliminary

100M. Application

Division 2 - Restrictions on power to make intervention program orders

100N. Suitability of offender for intervention program
100O. Referral of offender for assessment
100P. Explanation of intervention program order

Division 3 - Enforcement of intervention program order

100Q. Procedure following failure to enter into agreement
100R. Proceedings for breach of order
100S. Consequences of revocation of order
100T. Right to decide not to participate in intervention program

PART 9 - MISCELLANEOUS

101. Abolition of power of court concerning recognizances and sureties
101A. Effect of failure to comply with Act
102. Prerogative of mercy preserved
103. Regulations
104. Savings, transitional and other provisions
105. Review of Act
106. Review of Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002
107. Review of Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 2

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