New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT ACT 2000 - SCHEDULE 3

SCHEDULE 3 – Amendment of Crimes (Sentencing Procedure) Act 1999 No 92

(Section 3)

[1] Section 4 Penalties generally

Omit section 4 (1) and (2). Insert instead:

(1) The penalty to be imposed for an offence is to be the penalty provided by or under this or any other Act or law.

(2) The penalty to be imposed for a statutory offence for which no penalty is so provided is imprisonment for 5 years.

[2] Section 10 Dismissal of charges and conditional discharge of offender

Insert "for a term not exceeding 2 years" after "good behaviour bond" in section 10 (1) (b).

[3] Section 11 Deferral of sentencing for rehabilitation and other purposes

Omit "A court that convicts an offender" from section 11 (1).
Insert instead "A court that finds a person guilty of an offence (whether or not it proceeds to conviction)".

[4] Section 11 (2)

Omit "the date of conviction".
Insert instead "the date of the finding of guilt".

[5] Section 12 Suspended sentences

Insert after section 12 (3):

(4) An order under this section may be made after a court has decided not to make a home detention order in relation to the sentence of imprisonment. In that case, any non-parole period set for the sentence ceases to have effect when the order under this section is made.

[6] Section 25 Local Court not to impose certain penalties if offender is absent

Omit the definition of "absent offender" from section 25 (4).
Insert instead:

"absent offender" means an offender who is being dealt with in his or her absence.

[7] Section 51 Court may impose conditions on parole order

Insert after section 51 (1):

(1A) The conditions of a parole order may include conditions requiring that the offender to whom the order relates be subject to supervision prescribed by the regulations under the Crimes (Administration of Sentences) Act 1999 during the period specified by or under the order or those regulations.