New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT (PERIODIC AND HOME DETENTION) ACT 2002 - SCHEDULE 2

SCHEDULE 2 – Amendment of Crimes (Sentencing Procedure) Act 1999

(Section 4)

[1] Section 65A

Insert before section 66:

65A Periodic detention not available for certain offenders A periodic detention order may not be made for an offender who has previously served imprisonment for more than 6 months by way of full-time detention in relation to any one sentence of imprisonment, whether in New South Wales or elsewhere.

[2] Section 66 (4) and (5)

Insert after section 66 (3):

(4) If a court:

(a) makes a periodic detention order with respect to an offender's sentence of imprisonment despite an assessment report that states that the offender is not a suitable person to serve the sentence by way of periodic detention, or

(b) declines to make a periodic detention order with respect to an offender's sentence of imprisonment despite an assessment report that states that the offender is a suitable person to serve the sentence by way of periodic detention,

the court must indicate to the offender, and make a record of, its reasons for doing so.

(5) A periodic detention order is not invalidated by a failure to comply with subsection (4).

[3] Section 78 Suitability of offender for home detention

Insert after section 78 (6):

(7) If a court declines to make a home detention order with respect to an offender's sentence of imprisonment despite an assessment report that states that the offender is a suitable person to serve the sentence by way of home detention, the court must indicate to the offender, and make a record of, its reasons for doing so.

[4] Section 80 Referral of offender for assessment

Insert after section 80 (1):

(1A) Despite subsection (1), an offender who has been referred for assessment under section 68 (for periodic detention) is not to be referred for assessment under this section (for home detention) in relation to the same sentence of imprisonment unless the court has decided not to make a periodic detention order with respect to that sentence.

[5] Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1) of Schedule 2:

Crimes Legislation Amendment (Periodic and Home Detention) Act 2002