{"id":"a-2005-58","name":"Crimes (Sentencing) Act 2005","slug":"crimes-sentencing-act-2005","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"58 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23362,"registerId":"act-a-2005-58-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 8A","sectionType":"division","heading":"2A.5 Therapeutic correction orders—supervision","content":"Division 8A.2A.5 Therapeutic correction orders—supervision\n133XP CYP director-general to report breach of therapeutic correction\nobligations 199\n\nPage\ncontents 13\n133XQ Summons to attend court—breach of therapeutic correction obligations 199\n133XR Arrest without warrant—breach of therapeutic correction obligations 200\n133XS Arrest warrant—breach of therapeutic correction obligations 201\nDivision 8A.2A.6 Therapeutic correction orders—breach\n133XT Breach of therapeutic correction order 201\nDivision 8A.2A.7 Therapeutic correction orders—review by court\n133XU Application—div 8A.2A.7 203\n133XV Therapeutic correction orders—review 203\n133XW Therapeutic correction orders—CYP director-general must apply for\nreview 204\n133XX Therapeutic correction orders—notice of proposed review 204\nDivision 8A.2A.8 Therapeutic correction orders—miscellaneous\n133XY Evidentiary certificates 205\n133XZ Information exchanges—therapeutic correction team 206\nPart 8A.3 Young offenders—accommodation orders\n133Y Meaning of accommodation order 207\n133Z Accommodation orders—for young offenders convicted or found guilty 207\n133ZA Accommodation orders—eligibility 207\n133ZB Accommodation orders—suitability 208\n133ZC Accommodation orders—maximum period 209\n133ZD Accommodation orders—2 or more orders 209\n134 Operation of ancillary and restitution orders 210\n135 Reparation—other actions for recovery 211\n136 Information exchanges between criminal justice entities 212\n137 Reduction of sentence—appeal if assistance undertaking breached 213\n138 Effect of failure to comply with Act 213\n139 Regulation-making power 214\nSchedule 1 Schedule offences 215\nPart 1.1 Crimes Act 1900 215\n\nPage\ncontents 14 Crimes (Sentencing) Act 2005\nPart 1.2 Criminal Code 216\nPart 1.3 Drugs of Dependence Act 1989 218\nPart 1.4 Firearms Act 1996 218\nDictionary 219\n1 About the endnotes 227\n2 Abbreviation key 227\n3 Legislation history 228\n4 Amendment history 238\n5 Earlier republications 259\n6 Expired transitional or validating provisions 264\n\nAn Act to consolidate and reform the law about sentencing offenders, and for\nother purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Crimes (Sentencing) Act 2005.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘parole order—see the Crimes\n(Sentence Administration) Act 2005, section 117.’ means that the term\n‘parole order’ is defined in that section of that Act and the definition\napplies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Chapter 1\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, section 133 deals with the meaning of offence\npenalties that are expressed in penalty units.\n\nChapter 2 Objects and important concepts\nChapter 2 Objects and important\nconcepts\n6 Objects of Act\nThe objects of this Act include the following:\n(a) to promote respect for the law and the maintenance of a just and\nsafe society;\n(b) to provide a range of sentencing options;\n(c) to maximise the opportunity for imposing sentences that are\nconstructively adapted to individual offenders;\n(d) to promote flexibility in sentencing;\n(e) to consolidate legislation relating to the imposition of sentences.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Purposes of sentencing","content":"7 Purposes of sentencing\n(1) A court may impose a sentence on an offender for 1 or more of the\nfollowing purposes:\n(a) to ensure that the offender is adequately punished for the offence\nin a way that is just and appropriate;\n(b) to prevent crime by deterring the offender and other people from\ncommitting the same or similar offences;\n(c) to protect the community from the offender;\n(d) to promote the rehabilitation of the offender;\n(e) to make the offender accountable for his or her actions;\n(f) to denounce the conduct of the offender;\n(g) to recognise the harm done to the victim of the crime and the\ncommunity.\n\nObjects and important concepts Chapter 2\n(2) To remove any doubt, nothing about the order in which the purposes\nappear in subsection (1) implies that any purpose must be given\ngreater weight than any other purpose.\nNote However, see s 133C in relation to the sentencing of a young offender.\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of offender","content":"8 Meaning of offender\noffender—\n(a) means a person convicted or found guilty of an offence by a\ncourt, and includes a young offender; but\n(b) for—\n(i) part 4.2 (Pre-sentence reports)—see section 40; and\n(ii) part 4.2A (Intensive correction assessments)—see\nsection 46B; and\n(iii) a treatment order provision—see section 46I; and\n(iv) part 4.6 (Sentencing—schedule offence with criminal\ngroup)—see section 61B.\ntreatment order provision means the following:\n(a) section 12A (Drug and alcohol treatment orders);\n(b) part 4.2B (Drug and alcohol treatment assessments);\n(c) part 5.4A (Drug and alcohol treatment orders).\n\n","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Sentencing and non-conviction","content":"Chapter 3 Sentencing and non-conviction\noptions\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Imposition of penalties","content":"9 Imposition of penalties\n(1) The penalty a court may impose for an offence is the penalty provided\nunder this Act or any other territory law.\n(2) Chapter 4 (Sentencing procedures generally) applies to the imposition\nof all penalties imposed by a court, whether under this Act or\notherwise.\nNote 1 Under this Act, a court has the following sentencing and non-conviction\noptions:\n• imprisonment served by full-time detention at a correctional centre\nor detention place (see s 10, ch 5 and s 133H)\n• imprisonment served by intensive correction (see s 11)\n• suspension of a sentence of imprisonment (see s 12)\n• drug and alcohol treatment order (see s 12A, pt 4.2B and pt 5.4A)\n• good behaviour order (see s 13 and ch 6)\n• fine order (see s 14 and s 15)\n• driver licence disqualification order (see s 16)\n• non-conviction order (see s 17 and s 18)\n• reparation order (see s 19, s 20 and ch 7)\n• non-association order (see pt 3.4)\n• place restriction order (see pt 3.4)\n• deferred sentence order (see s 27 and ch 8)\n\nGeneral Part 3.1\n• therapeutic correction orders (young offenders only) (see pt 8A.2A)\n• accommodation order (young offenders only) (see pt 8A.3).\nNote 2 A court may also impose a combination sentence combining 2 or more\nof the options listed in note 1 (other than imprisonment served by\nintensive correction) or otherwise available under a territory law (see\npt 3.6).\n\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Imprisonment","content":"10 Imprisonment\n(1) This section applies if a court is sentencing an offender convicted of\nan offence punishable by imprisonment.\n(2) The court may, by order, sentence the offender to imprisonment, for\nall or part of the term of the sentence, if the court is satisfied, having\nconsidered possible alternatives, that no other penalty is appropriate.\nNote 1 An order sentencing an offender to imprisonment may be part of a\ncombination sentence together with other sentencing options (see pt 3.6).\nNote 2 See s 133G for additional matters that apply in sentencing a young\noffender to imprisonment.\n(3) If the court sentences the offender to imprisonment, the sentence must\nbe served by full-time detention at a correctional centre, unless—\n(a) the court orders otherwise; or\n(b) the offender is released from full-time detention under this Act\nor another territory law.\nExamples—par (a)\n1 the court makes an intensive correction order\n2 the court makes a suspended sentence order\nExample—par (b)\nrelease on parole under the Crimes (Sentence Administration) Act 2005\nNote For a young offender who is under 21 years old when the sentence is\nimposed, see s 133H.\n(4) If the court sentences the offender to imprisonment, the court must\nrecord the reasons for its decision.\n(5) Failure to comply with subsection (4) does not invalidate the sentence\n\n(6) This section also applies subject to any contrary intention in the law\nthat directly or indirectly creates the offence or directly or indirectly\naffects its scope or operation.\n(7) This section is subject to chapter 5 (Imprisonment).\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Intensive correction orders","content":"11 Intensive correction orders\n(1) This section applies if an adult offender is convicted of an offence\nand the court imposes a sentence of imprisonment.\n(2) If the sentence of imprisonment is for not more than 2 years the court\nmay order that the sentence be served by intensive correction in the\ncommunity (an intensive correction order).\n(3) The court may make an intensive correction order if the sentence of\nimprisonment is for more than 2 years but not more than 4 years, but\nonly if the court considers it is appropriate to do so, having regard\nto—\n(a) the level of harm to the victim and the community caused by the\noffence; and\n(b) whether the offender poses a risk to 1 or more people or the\ncommunity; and\n(c) the offender’s culpability for the offence having regard to all the\ncircumstances.\nNote An intensive correction order must not be combined with a sentence of\nfull-time imprisonment, a suspended sentence of imprisonment or a good\nbehaviour order (see s 29 (1) (b)).\n(4) An intensive correction order must include the core conditions\nmentioned in the Crimes (Sentence Administration) Act 2005,\nsection 42.\n\n(5) An intensive correction order may include 1 or more of the following\nadditional conditions that can reasonably be complied with within the\nterm of the order:\n(a) a community service condition;\n(b) a rehabilitation program condition;\n(c) that the offender comply with a reparation order, a\nnon-association order or place restriction order;\n(d) a condition prescribed by regulation;\n(e) any other condition, not inconsistent with this Act or the Crimes\n(Sentence Administration) Act 2005, that the court considers\nExamples—conditions for s (5) (e)\n1 that the offender undertake medical treatment and supervision (eg by taking\nmedication and cooperating with medical assessments)\n2 that the offender supply samples of blood, breath, hair, saliva or urine for\nalcohol or drug testing if required by a corrections officer\n3 that the offender attend educational, vocational, psychological, psychiatric or\nother programs or counselling\n4 that the offender not drive a motor vehicle or consume alcohol or\nnon-prescription drugs or medications\n5 that the offender regularly attend alcohol or drug management programs\nNote For core conditions of an intensive correction order, see the Crimes\n(Sentence Administration) Act 2005, s 42.\n(6) An intensive correction order may also include a curfew condition if\nthe court is satisfied that each adult who is living at the curfew place\nor has parental responsibility or guardianship for a person who is\nliving at the curfew place consents to the curfew.\n(7) This section is subject to chapter 5 (Imprisonment).\n\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Suspended sentences","content":"12 Suspended sentences\n(a) an offender is convicted of an offence; and\n(b) the court sentences the offender to imprisonment for the offence.\n(2) The court may make an order (a suspended sentence order)\nsuspending all or part of the sentence of imprisonment.\n(3) If the court makes a suspended sentence order, the court must also\nmake a good behaviour order for the period during which the sentence\nis suspended or for any longer period that the court considers\nNote A suspended sentence order may be part of a combination sentence\ntogether with other sentencing options (see pt 3.6).\n(4) If the court makes a suspended sentence order fully suspending the\nsentence of imprisonment, the court must, as soon as practicable after\nthe order is made, ensure that written notice of the order, together\nwith a copy of the order, is given to the offender.\nNote 1 For notice of a partly suspended sentence of imprisonment, see s 84.\nsuspended sentence order.\n(6) This section is subject to the following provisions:\n(a) section 13 (Good behaviour orders);\n(b) chapter 5 (Imprisonment);\n(c) chapter 6 (Good behaviour orders).\n(7) To avoid doubt, a sentence of imprisonment suspended under the\ncustodial part of a drug and alcohol treatment order is not a suspended\n\n","sortOrder":11},{"sectionNumber":"12A","sectionType":"section","heading":"Drug and alcohol treatment orders","content":"12A Drug and alcohol treatment orders\n(a) an offender pleads guilty to an eligible offence; and\nNote A reference to an offender in this section does not include a young\noffender (see s 8 (1) (b)).\n(b) the Supreme Court convicts the offender of the eligible offence\nand sentences the offender to a term of imprisonment for—\n(i) if the offender is convicted of 1 eligible offence only—\nat least 1 year but not more than 4 years; or\n(ii) if the offender is convicted of more than 1 eligible\noffence—a total period of at least 1 year but not more than\n4 years; and\n(c) the offender is not subject to a sentencing order for another\n(2) The court may make an order (a drug and alcohol treatment order)\nthat suspends a sentence of imprisonment for an eligible offence on\ncondition that the offender agrees to complete a treatment program,\nbut only if—\n(a) the court is satisfied on the balance of probabilities that—\n(i) the offender is dependent on alcohol or a controlled drug;\nand\n(ii) the offender’s dependency substantially contributed to the\ncommission of the offence; and\n(iii) the offender will live in the ACT for the term of the\nsentence except as directed by the court; and\n(b) the court considers the order appropriate, taking into account—\n(i) the relevant sentencing considerations applying to the\n\n(ii) any information given to the court relating to the concerns\nof a victim about the victim’s safety or welfare; and\n(iii) the matters set out under section 80O; and\nNote Section 80O sets out the object of a drug and alcohol treatment\n(c) the offender gives informed consent to the order being made\nafter the offender is given—\n(i) a clear explanation of the treatment order that contains\nsufficient information to enable the offender to make a\nbalanced judgment about whether or not to consent to serve\nthe sentence under the order; and\n(ii) an opportunity to ask any questions about the order, and\nthose questions have been answered and the offender\nappears to have understood the answers.\n(3) A drug and alcohol treatment order, in suspending a sentence of\nimprisonment, must—\n(a) if the sentence is taken to have started on a day before the day\nthe sentence is imposed—suspend the remaining part of the\nsentence beginning on the day the sentence is imposed; or\n(b) in any other case—fully suspend the sentence.\n(4) To remove any doubt––\n(a) the offender must not be subject to more than 1 treatment order\nat any particular time; and\n(b) a treatment order may apply to more than 1 eligible offence dealt\nwith in the same sentencing proceeding; and\n\n(c) sentences for multiple offences may be served concurrently or\nconsecutively (or partly concurrently and partly consecutively),\nsubject to subsection (1) (b).\nNote Words in the singular number include the plural (see Legislation Act,\ns 145 (b)).\n(5) The court must not impose a lesser sentence of imprisonment on the\noffender than the circumstances of the offence would ordinarily\nrequire only to allow the court to make a treatment order.\n(6) If the court makes a treatment order, the court must, as soon as\npracticable after the order is made, ensure that written notice of the\norder, together with a copy of the order, is given to the offender.\n(8) This section is subject to part 5.4A (Drug and alcohol treatment\norders).\nNote A treatment order may not be made in relation to an offender who is under\n18 years old (see s 46I).\neligible offence means an offence that is not—\n(a) a serious violence offence; or\n(b) a sexual offence.\nsentencing order means any of the following:\n(a) an order for imprisonment by full-time detention;\n(b) a suspended sentence order;\n(c) an intensive correction order;\n(d) a deferred sentence order;\n(e) a parole order;\n\n(f) an order under a law in force in Australia that corresponds to an\norder mentioned in paragraphs (a) to (e).\nserious violence offence means an offence against any of the\nfollowing provisions of the Crimes Act 1900:\n(a) section 12 (Murder);\n(b) section 15 (Manslaughter);\n(c) section 19 (Intentionally inflicting grievous bodily harm);\n(d) section 20 (Recklessly inflicting grievous bodily harm).\nsexual offence means an offence against the Crimes Act 1900, part 3.\ntreatment program—see section 80Z (1) (a).\n\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Good behaviour orders","content":"13 Good behaviour orders\n(1) This section applies if an offender is convicted or found guilty of an\nNote If a good behaviour order is made without convicting the offender\n(see s 17), it is also a non-conviction order (see s 17 (2)).\n(2) The court may make an order (a good behaviour order) requiring the\noffender to sign or give an undertaking to comply with the offender’s\ngood behaviour obligations under the Crimes (Sentence\nAdministration) Act 2005 for a stated period.\n(3) An undertaking—\n(a) may be signed or given before the court; and\n(b) if given before the court, must be recorded by the court.\n(4) A good behaviour order may include 1 or more of the following\nconditions:\n(a) that the offender give security for a stated amount, with or\nwithout sureties, for compliance with the order;\nNote This paragraph does not apply to a young offender (see s 133M).\n(b) a community service condition;\nNote A community service condition must not be included in the order\nunless the offender is convicted of the offence (see s 87).\n(c) a rehabilitation program condition;\nNote A good behaviour order that includes a rehabilitation program\ncondition must also include a probation condition or supervision\ncondition (see s 95 and s 133V).\n(d) a probation condition;\n(e) that the offender comply with a reparation order;\n\n(f) a condition prescribed by regulation for this paragraph;\n(g) any other condition, not inconsistent with this Act or the Crimes\n(Sentence Administration) Act 2005, that the court considers\nExamples of conditions for par (g)\n1 that the offender undertake medical treatment and supervision (eg by taking\nmedication and cooperating with medical assessments)\n2 that the offender supply samples of blood, breath, hair, saliva or urine for\nalcohol or drug testing if required by a corrections officer\n3 that the offender attend educational, vocational, psychological, psychiatric or\nother programs or counselling\n4 that the offender not drive a motor vehicle or consume alcohol or\nnon-prescription drugs or medications\n5 that the offender regularly attend alcohol or drug management programs\nNote See s 133M for additional conditions available for young offenders\n(education and training conditions and supervision conditions).\n(5) If the offence is punishable by imprisonment, a good behaviour\norder—\n(a) may be made instead of imposing a sentence of imprisonment or\nas part of a combination sentence that includes imprisonment;\nand\n(b) may apply to all or part of the term of the sentence.\n(6) Subsection (5) does not, by implication, limit the sentences that a\ncourt may impose under this Act or another territory law.\n(7) If the good behaviour order includes a community service condition,\nit is a community service order.\n(8) If the good behaviour order includes a rehabilitation program\ncondition, it is a rehabilitation program order.\n(9) This section is subject to chapter 6 (Good behaviour orders).\n\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Fines—orders to pay","content":"14 Fines—orders to pay\n(1) This section applies if an offender is convicted of an offence.\n(2) The court may make an order (a fine order) directing that the offender\npay a fine for the offence.\nNote The Legislation Act, s 133, s 135 and s 136 deal with penalty units and\nthe effect of the statement of a penalty for an offence in a territory law.\n(3) The court is not required to inquire into the offender’s financial\ncircumstances before making a fine order but must consider any facts\nestablished by the offender about the offender’s financial\ncircumstances.\nNote Section 33 (1) (n) requires the court, in deciding how to sentence an\noffender, to consider the offender’s financial circumstances if relevant\nand known to the court.\n(4) The court may make a fine order for the offender whether or not the\noffence is punishable by a fine otherwise than under this part.\n(5) If a court makes a fine order, the court must state in the order—\n(a) the amount of the fine; and\n(b) how the fine is to be paid (for example, by stated instalments at\nstated times).\n(6) If the Magistrates Court imposes a fine on an offender for an offence\nand the summons for the offence was served in accordance with the\nMagistrates Court Act 1930, section 116B (Service of summons for\nprescribed offence), the court must allow the offender at least 14 days\nfor payment.\n\n(7) As soon as practicable after the court makes a fine order, the court\nmust ensure that written notice of the order, together with a copy of\nthe order, is given to the offender.\n(8) Failure to comply with subsection (7) does not invalidate the fine\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Fines—maximum amounts","content":"15 Fines—maximum amounts\nThe maximum fine that a court may impose for an offence is—\n(a) if the offence is punishable by a fine otherwise than under this\npart—the maximum amount fixed for the fine; or\n(b) in any other case—\n(i) if the Supreme Court makes the order—$10 000; or\n(ii) if the Magistrates Court makes the order—$2 000.\n","sortOrder":15},{"sectionNumber":"15A","sectionType":"section","heading":"Fines—security for payment","content":"15A Fines—security for payment\n(1) If a court makes a fine order, the court may, in addition to allowing\ntime for payment of an amount under the order, direct that the\noffender liable to pay the amount give security, to the satisfaction of\nthe person specified by the court, with or without sureties, for\npayment of the amount.\n(2) The security must be given, and may be enforced, in the way provided\nby the Magistrates Court Act 1930, part 3.12 (Securities in criminal\nmatters).\n\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Driver licence disqualification orders—motor vehicle theft","content":"16 Driver licence disqualification orders—motor vehicle theft\n(a) an offender is convicted or found guilty of an offence against a\nterritory law involving the theft of a motor vehicle; or\n(b) an offender is convicted or found guilty of an offence against the\nCriminal Code, section 318 (Taking etc motor vehicle without\nconsent).\nExample for par (a)\nan offence against any of the following provisions of the Criminal Code in\nrelation to property that is a motor vehicle:\n• s 308 (Theft)\n• s 309 (Robbery)\n• s 310 (Aggravated robbery)\n• s 311 (Burglary)\n• s 312 (Aggravated burglary)\n(2) The court sentencing the offender may make an order (a driver\nlicence disqualification order) disqualifying the offender from\nholding or obtaining a driver licence under the Road Transport\n(Driver Licensing) Act 1999 for a period the court considers\nNote The effect of disqualification is set out in the Road Transport (General)\nAct 1999, s 66.\n(3) To remove any doubt, this section is additional to the court’s other\npowers under this Act or any other territory law, including, for\nexample, the road transport legislation.\n(4) As soon as practicable after the court makes a driver licence\ndisqualification order, the court must ensure that written notice of the\n\n(b) the road transport authority.\nto the offender for the sentences (see Legislation Act, s 49).\n(5) Failure to comply with subsection (4) does not invalidate the driver\nlicence disqualification order.\nmotor vehicle—see the Criminal Code, section 318 (3).\nroad transport legislation—see the Road Transport (General)\nAct 1999, section 6.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Non-conviction orders—general","content":"17 Non-conviction orders—general\n(1) This section applies if an offender is found guilty of an offence.\n(2) Without convicting the offender of the offence, the court may make\neither of the following orders (each of which is a non-conviction\norder):\n(a) an order directing that the charge be dismissed, if the court is\nsatisfied that it is not appropriate to impose any punishment\n(other than nominal punishment) on the offender;\n(b) a good behaviour order under section 13.\nNote A good behaviour order for a non-conviction order cannot include a\ncommunity service condition because the offender is not convicted of the\noffence (see s 87).\n(3) In deciding whether to make a non-conviction order for the offender,\nthe court must consider the following:\n(a) the offender’s character, antecedents, age, health and mental\ncondition;\n(b) the seriousness of the offence;\n\n(c) any extenuating circumstances in which the offence was\ncommitted.\n(4) The court may also consider anything else the court considers\nrelevant.\nNote An appeal may lie to the Supreme Court from a decision of the\nMagistrates Court to make a non-conviction order for an offender in the\nsame circumstances as an appeal from a decision of the Magistrates Court\nin relation to an offender’s conviction for an offence (see Magistrates\nCourt Act 1930, pt 3.10).\n(5) If the court makes a non-conviction order under subsection (2) (a) for\nthe offender, the court must, as soon as practicable after the order is\nmade, ensure that written notice of the order, together with a copy of\nthe order, is given to the offender.\nNote 1 For notice of a good behaviour order under s (2) (b), see s 103.\nnon-conviction order.\n(7) If the court makes a non-conviction order under subsection (2) (b),\nthe good behaviour order must be for a term of no longer than 3 years.\n(8) This section (other than subsection (7)) is subject to section 13 and\nchapter 6 (Good behaviour orders).\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Non-conviction orders—ancillary orders","content":"18 Non-conviction orders—ancillary orders\n(1) This section applies if the court makes a non-conviction order for an\noffender for an offence.\n(2) The court may make any ancillary order that it could have made if it\nhad convicted the offender of the offence.\n\n(3) The offender has the same rights of appeal in relation to the making\nof the ancillary order as the offender would have had if the order had\nbeen made on the conviction of the offender for the offence.\n(4) This section is subject to section 134 (Operation of ancillary and\nrestitution orders).\nancillary order means an order or direction in relation to any of the\n(a) restitution;\n(b) compensation;\n(c) costs;\n(d) forfeiture;\n(e) destruction;\n(f) disqualification or loss or suspension of a licence or privilege.\n1 a reparation order\n2 a driver licence disqualification order\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Reparation orders—losses and expenses generally","content":"19 Reparation orders—losses and expenses generally\n(a) an offender is convicted or found guilty of an offence against a\nterritory law; and\n(b) a person (the injured person) suffers loss or incurs expense\n(including any out-of-pocket expense) as a direct result of the\ncommission of the offence.\nNote Certain victims of crimes may claim financial assistance under the\nVictims of Crime (Financial Assistance) Act 2016.\n\n(2) Before the court sentences the offender or makes a non-conviction\norder for the offender, the director of public prosecutions may apply\nto the court for an order under this section.\n(3) On application under subsection (2), or its own initiative, the court\nmay make an order (a reparation order) requiring the offender to\nmake reparation to the injured person, by way of a payment of money\nor otherwise, for the loss or expense.\nNote If the offence relates to stolen property, a reparation order may also be\nmade under s 20 (see s 111).\n(4) This section is subject to chapter 7 (Reparation orders) and\nsection 134 (Operation of ancillary and restitution orders).\nloss—see the Criminal Code, section 300.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Reparation orders—stolen property","content":"20 Reparation orders—stolen property\n(1) This section applies if an offender is convicted or found guilty of an\noffence against a territory law in relation to stolen property.\n(2) Before the court sentences the offender or makes a non-conviction\norder for the offender, the director of public prosecutions may apply\nto the court for 1 or more orders under this section.\n(3) On application under subsection (2), or its own initiative, the court\nmay make the following orders (each of which is a reparation order):\n(a) an order that a person having custody or possession of the stolen\nproperty restore it to someone entitled to recover it from the\nperson;\n\n(b) an order that the offender pay the value of the stolen property to\na person who, if the stolen property were in the custody or\npossession of the offender, would be entitled to recover it from\nthe offender.\nNote A reparation order may also be made under s 19 for the same offence (see\ns 111).\n(4) If the court makes an order under subsection (3) (a), the court, on\napplication under subsection (2), or its own initiative, may also make\neither or both the following orders (each of which is also a reparation\norder):\n(a) if the court considers that the offender has sold the property to a\npurchaser who was acting honestly—an order that the offender\npay the purchaser an amount not exceeding the amount paid by\nthe purchaser;\n(b) if the court considers that the offender has borrowed money on\nthe security of the property from a lender acting honestly—an\norder that the offender pay the lender an amount not exceeding\nthe amount owed to the lender under the loan.\n(5) This section is subject to chapter 7 (Reparation orders) and\nsection 134 (Operation of ancillary and restitution orders).\nstolen property—see the Criminal Code, section 314 (Receiving—\nmeaning of stolen property).\nNote Under the Criminal Code, stolen property includes tainted property.\nTainted property is the proceeds of the sale of stolen property, or property\nthat is exchanged for stolen property.\n\nPart 3.4 Non-association and place\nrestriction orders\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Definitions—pt 3.4","content":"21 Definitions—pt 3.4\nnon-association order means an order prohibiting an offender\nfrom—\n(a) being with a named person, or attempting to be with the person;\nor\n(b) being with a named person or communicating in any way\n(including electronically) with the person, or attempting to be\nwith the person or to communicate in any way (including\nelectronically) with the person.\nplace restriction order means an order prohibiting an offender from\nbeing in, or within a stated distance of, a named place or area or\nattempting to be in, or within the stated distance, of the place or area.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Application—pt 3.4","content":"22 Application—pt 3.4\nThis part applies if a court makes any of the following orders for an\noffender in relation to an offence:\n(a) an intensive correction order;\n(b) a drug and alcohol treatment order;\n(c) a good behaviour order;\n(d) a therapeutic correction order.\n\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Non-association and place restriction orders—when may","content":"23 Non-association and place restriction orders—when may\nbe made\n(1) The court may make a non-association order or place restriction order\nfor the offender if—\n(a) the offence is a relevant offence; and\n(b) the court is satisfied that it is necessary and reasonable to make\nthe order for 1 or more of the following purposes:\n(i) preventing the offender from harassing anyone or\nendangering the safety or welfare of anyone;\n(ii) preventing the offender from committing further offences\n(including a relevant offence);\n(iii) assisting the offender to manage things that may make the\noffender more likely to commit further offences (including\na relevant offence) if not managed.\nNote See s 133I for an additional consideration that applies in sentencing a\nyoung offender.\n(2) The restriction imposed on the offender by a non-association order or\nplace restriction order, and the period of the order, must not be\nunreasonably disproportionate to the purpose for which the order is\nmade.\n(3) To remove any doubt, this section is additional to the court’s other\npowers under this Act or any other territory law.\nharm—see the Criminal Code, dictionary.\npersonal violence offence means—\n(a) an offence that involves causing harm, or threatening to cause\nharm, to anyone; or\n(b) a family violence offence.\n\nrelevant offence means—\n(a) an offence against the Criminal Code, part 4.1 (Property damage\noffences) that is punishable by imprisonment for 5 years or\nmore; or\n(b) an offence against the Criminal Code, chapter 6 (Serious drug\noffences); or\n(c) an offence against the Criminal Code, chapter 7 (Administration\nof justice offences) that is punishable by imprisonment for\n5 years or more; or\n(d) an offence against the Firearms Act 1996 that is punishable by\nimprisonment for 20 years or more; or\n(e) an offence against the Crimes Act 1900, section 114B (Money\nlaundering); or\n(f) a personal violence offence; or\n(g) an offence prescribed by regulation.\nNote A reference to an offence includes a reference to a related ancillary\noffence, eg attempt and conspiracy (see Legislation Act, s 189).\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Non-association and place restriction orders—maximum","content":"24 Non-association and place restriction orders—maximum\nperiod\n(1) A non-association order or place restriction order—\n(a) must be for a period not longer than—\n(i) if the order is made with an intensive correction order, a\ndrug and alcohol treatment order or a therapeutic\ncorrection order—24 months; or\n(ii) in any other case—12 months; and\n(b) must state when it starts and the period for which it operates.\n\n(2) To remove any doubt, the period of a non-association order or place\nrestriction order is not limited by the term of any other sentence\nimposed for the offence for which the order is made.\nExample\nSean is convicted of an offence. The court decides that the appropriate penalty is\n6 months imprisonment served by intensive correction and a place restriction order.\nThe place restriction order may be for longer than 6 months (but not longer than\n24 months).\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Non-association and place restriction orders—","content":"25 Non-association and place restriction orders—\nexplanation and official notice\n(1) If a court makes a non-association order or place restriction order for\nthe offender, the court must ensure that reasonable steps are taken to\nexplain to the offender in general terms (and in language the offender\ncan readily understand)—\n(a) the nature of the order; and\n(b) the offender’s obligations under the order; and\n(2) As soon as practicable after the court makes the non-association order\nor place restriction order, the court must ensure that written notice of\nthe order, together with a copy of the order, is given to the offender.\n(3) Failure to comply with this section does not invalidate the\nnon-association order or place restriction order.\n\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Non-association order—disclosure of identifying","content":"26 Non-association order—disclosure of identifying\ninformation\n(1) A person commits an offence if the person publishes—\n(a) the fact that a person is someone (other than the offender) to\nwhom a non-association order relates; or\n(b) any information that could reasonably identify someone (other\nthan the offender) to whom a non-association order relates.\nMaximum penalty: 10 penalty units.\n(2) Subsection (1) does not apply if the publication is—\n(a) to a relevant person (see subsection (5)); or\n(b) to a named person by, or in accordance with, a direction of a\ncourt; or\n(c) part of an official report of a court proceeding and the\npublication is relevant to the proceeding.\n(3) However, a court must not give a direction under subsection (2) (b)\nunless it is satisfied that the publication is in the interests of justice.\n(4) An offence against this section is a strict liability offence.\nrelevant person means any of the following:\n(a) the offender;\n(b) a person (other than the offender) to whom the order relates;\n(c) a police officer;\n(d) anyone involved in the administration of the order, or any other\npenalty to which the offender is subject in relation to the offence\nfor which the order was made;\n(e) anyone involved in a proceeding for failure to comply with the\nnon-association order;\n\n(f) anyone stated in the non-association order as someone to whom\nthe information may be published;\n(g) anyone else to whom the information is required or allowed to\nbe published under a law of the Territory, the Commonwealth,\na State or another Territory.\n\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Deferred sentence orders—making","content":"27 Deferred sentence orders—making\n(a) an offender has been convicted or found guilty by a court of an\noffence punishable by imprisonment; and\n(b) the court has not sentenced the offender for the offence; and\n(c) the offender is neither serving, nor liable to serve, a term of\nimprisonment for another offence; and\n(d) the court considers the offender should be given an opportunity\nto address his or her criminal behaviour, and anything that has\ncontributed to the behaviour, before the court sentences the\noffender for the offence; and\n(e) the court is satisfied that it may release the offender on bail\nunder the Bail Act 1992.\n(2) The court may make an order (a deferred sentence order) requiring\nthe offender to appear before the court at the time and place stated in\nthe order to be sentenced for the offence.\nNote The maximum period of the order is 12 months (see s 122 (1)).\n(3) If the court makes a deferred sentence order for the offender, the court\nmust release the offender on bail under the Bail Act 1992.\n(4) A deferred sentence order applies to all offences for which the court\nmay sentence the offender, whether or not they are punishable by\n\nDeferred sentence orders Part 3.5\n(5) A deferred sentence order may include any condition the court\nconsiders appropriate for subsection (1) (d).\nsee the examples to section 13 (4) (g) (Good behaviour orders)\nNote Bail may be granted subject to conditions (see Bail Act 1992, s 25).\n(6) This section is subject to chapter 8 (Deferred sentence orders).\n\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Application—pt 3.6","content":"28 Application—pt 3.6\nThis part applies if an offender is convicted of an offence.\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Combination sentences—offences punishable by","content":"29 Combination sentences—offences punishable by\nimprisonment\n(1) If the offence is punishable by imprisonment, the court sentencing the\noffender may impose a sentence (a combination sentence) consisting\nof 2 or more of the following orders:\n(a) an order sentencing the offender to imprisonment as full-time\ndetention;\nNote A sentence of imprisonment must be served by full-time detention\nat a correctional centre or detention place unless the court\notherwise orders, or the offender is released from detention under\nthis Act or another territory law (see s 10 (3) and s 133H).\n(b) an intensive correction order (but not in combination with a\nsentence of full-time imprisonment, a suspended sentence of\nimprisonment or a good behaviour order);\n(c) a suspended sentence order;\n(d) a good behaviour order;\nNote A good behaviour order may not be set to start at a time when the\noffender may be serving full-time detention or be on parole (see\ns 31 (2)).\n(e) a fine order;\n(f) a driver licence disqualification order;\n(g) a reparation order;\n(h) a non-association order;\n(i) a place restriction order;\n\nCombination sentences Part 3.6\n(j) an order (however described) imposing another penalty\navailable under any other territory law.\nThe following are examples of sentences that might be imposed on an offender by\na court who has been convicted of an offence punishable by imprisonment:\n1 a sentence of 18 months as follows:\n• an order for imprisonment for 1 year with no nonparole period\n• a fine order directing payment of $500 by stated instalments\n• a good behaviour order for 6 months (the remainder of the term of the\nsentence)\n• a driver licence disqualification order for all of the sentence\n2 a sentence of 3 years and 6 months as follows:\n• an order for 3 years imprisonment with no nonparole period\n• a good behaviour order for 6 months (the remainder of the term of the\nsentence) and a concurrent non-association order\n(2) However, the court must not make an order that forms part of the\ncombination sentence unless the court would have power to make the\norder otherwise than as part of a combination sentence.\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Combination sentences—offences punishable by fine","content":"30 Combination sentences—offences punishable by fine\n(1) If the offence is not punishable by imprisonment (except in default of\npayment of a fine), the court sentencing the offender may impose a\nsentence (also a combination sentence) consisting of 2 or more of the\nfollowing orders:\n(a) a good behaviour order;\n(b) a fine order;\n(c) a driver licence disqualification order;\n(d) a reparation order;\n(e) a non-association order;\n(f) a place restriction order;\n\n(g) an order (however described) imposing another penalty\navailable under any other territory law.\n(2) However, the court must not make an order that forms part of the\ncombination sentence unless the court would have power to make the\norder otherwise than as part of a combination sentence.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Combination sentences—start and end","content":"31 Combination sentences—start and end\n(1) For a combination sentence, a court may set the start or end of the\nperiod of any part of the sentence, or of any order forming part of the\nsentence, by reference to anything the court considers appropriate,\nincluding, for example—\n(a) a stated day; or\n(b) the lapse of a stated period of time; or\n(c) whenever a stated event happens, or whenever the earlier or later\nof 2 or more stated events happens.\nExample for par (c)\na 5-year combination sentence consisting of the following orders:\n• an order for imprisonment for 3 years with a 2-year nonparole period\n• a good behaviour order for 2 years stated to start at the end of the\nsentence of imprisonment\n• a place restriction order for 1 year stated to start at the end of the\nsentence of imprisonment\n(2) However, the court must not set the start of the period of any part of\nthe sentence that is a good behaviour order on a day when the offender\nmay be serving a period of full-time detention or may be on parole.\n\n","sortOrder":32},{"sectionNumber":"Part 4","sectionType":"part","heading":"Sentencing procedures","content":"Chapter 4 Sentencing procedures\ngenerally\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Power to reduce penalties","content":"32 Power to reduce penalties\n(1) If, under a territory law, an offender is liable to imprisonment for life,\na court may nevertheless impose a sentence of imprisonment for a\nstated term.\n(2) If, under a territory law, an offender is liable to imprisonment for a\nstated term, a court may nevertheless impose a sentence of\nimprisonment for a lesser term.\n(3) If, under a territory law, an offender is liable to a fine of a stated\namount, a court may nevertheless make a fine order for a lesser\namount.\n(4) This section—\n(a) is not limited by any other provision of this chapter; and\n(b) does not limit any discretion the court has, apart from this\nsection, about the imposition of penalties.\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Sentencing—relevant considerations","content":"33 Sentencing—relevant considerations\n(1) In deciding how an offender should be sentenced (if at all) for an\noffence, a court must consider whichever of the following matters are\nrelevant and known to the court:\n(a) the nature and circumstances of the offence;\n(b) any other offences required or allowed to be taken into account;\n(c) if the offence forms part of a course of conduct consisting of a\nseries of criminal acts of the same or a similar character—the\ncourse of conduct;\n\n(d) if the personal circumstances of any victim of the offence were\nknown to the offender when the offence was committed—the\ncircumstances;\n(e) any injury, loss or damage resulting from the offence;\n(f) the effect of the offence on the victims of the offence, the\nimpact statement;\nNote 1 For who may make a victim impact statement, see s 49.\nNote 2 The court must not draw any inference about the harm suffered by\na victim from the fact that a victim impact statement is not given\nto the court in relation to the offence (see s 53 (1) (b)).\n(g) if a victim of the offence was pregnant—\n(i) whether the offender knew, or ought reasonably to have\nknown, that the victim was pregnant; and\n(ii) whether the offender intended to cause, or was reckless\nabout causing, loss of or harm to the pregnancy; and\n(iii) the loss of or harm to the pregnancy; and\n(iv) whether the offender intended to cause, or was reckless\nabout causing, the death of or harm to a child born alive as\na result of the pregnancy; and\n(v) the death of or harm to a child born alive as a result of the\npregnancy;\n(gb) if the victim of the offence was a vulnerable person—\n(i) whether the offender knew, or ought reasonably to have\nknown—\n(A) that the victim was a vulnerable person; or\n(B) that the victim was a vulnerable person and the extent\nof the person’s vulnerability; and\n\n(ii) the loss or harm to the vulnerable person;\n(h) any action the offender may have taken to make reparation for\nany injury, loss or damage resulting from the offence;\n(i) the degree of responsibility of the offender for the commission\nof the offence;\n(j) a plea of guilty by the offender (see section 35);\n(k) any assistance by the defence in the administration of justice\n(see section 35A);\n(l) any assistance by the offender to law enforcement authorities\n(see section 36);\n(m) the cultural background, character, antecedents, age and\nphysical or mental condition of the offender;\n(n) the financial circumstances of the offender;\n(o) the probable effect that any sentence or order under\nconsideration would have on any of the offender’s family or\ndependants;\n(p) whether the offender was affected by alcohol or a controlled\ndrug when the offence was committed and the circumstances in\nwhich the offender became affected;\n(q) the degree to which the offence was the result of provocation,\nduress or entrapment;\n(r) whether the recording of a conviction or the imposition of a\nparticular penalty would be likely to cause particular hardship to\nthe offender;\n(s) any jury recommendation for mercy;\n(t) whether the offender is voluntarily seeking treatment for any\nphysical or mental condition that may have contributed to the\ncommission of the offence;\n\n(u) whether the offender was in a position of trust or authority when\nthe offence was committed;\n(v) the reason or reasons why the offender committed the offence;\n(w) whether the offender has demonstrated remorse;\n(x) if the offender has complied with an order for assessment,\ntreatment, referral or monitoring by the court alcohol and drug\nassessment service under section 40B (2)—that fact;\n(y) if the Crimes (Restorative Justice) Act 2004, section 19 (1) (b)\napplies to the offender—that fact;\n(z) whether the offender has paid the prescribed penalty in\naccordance with any infringement notice served on the offender\nNote For when an infringement notice may be withdrawn after it has\nbeen paid, see the Magistrates Court Act 1930, s 127 and the Road\nTransport (General) Act 1999, s 36.\n(za) current sentencing practice.\nNote See s 133D for additional considerations that apply in sentencing a young\n(2) Without limiting subsection (1), in deciding whether a good\nbehaviour order is an appropriate penalty for an offence, the court\nmust consider the nature and severity of the conditions that may apply\nto the offender under the order.\n(3) Subsections (1) and (2) do not limit the matters a court may consider\nin deciding how an offender should be sentenced (if at all) for an\n(4) The fact that any relevant factor is known to the court does not require\nthe court to increase or reduce the severity of the sentence for the\n\nvulnerable person means an adult who—\n(a) has a disability within the meaning of the Disability Services\nAct 1991; or\n(b) is at least 60 years old and—\n(i) has a disorder, illness or disease that affects the person’s\nthought processes, perception of reality, emotions or\njudgment or otherwise results in disturbed behaviour; or\n(ii) has an impairment that—\n(A) is intellectual, psychiatric, sensory or physical in\nnature; and\n(B) results in a substantially reduced capacity of the\nperson for communication, learning or mobility; or\n(iii) for any other reason is socially isolated or unable to\nparticipate in the life of the person’s community.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Sentencing—irrelevant considerations","content":"34 Sentencing—irrelevant considerations\n(1) In deciding how an offender should be sentenced (if at all) for an\noffence, a court must not increase the severity of the sentence it would\notherwise have imposed because of any of the following:\n(a) a law that has not commenced;\n(b) any alleged offences that the offender has not admitted in\naccordance with section 57 (Outstanding additional offences\ntaken into account in sentencing);\n(c) that the offender chose not to give evidence on oath;\n\n(d) that the offender may have committed perjury or been guilty of\ncontempt of court during the proceeding;\n(e) the offender’s behaviour in court;\n(f) that the offender chose to plead not guilty;\n(g) that the offender did not comply with an order for assessment,\ntreatment, referral or monitoring by the court alcohol and drug\nassessment service under section 40B (2);\n(h) that the offender chose not to take part, or chose not to continue\nto take part, in restorative justice for the offence under the\nCrimes (Restorative Justice) Act 2004.\n(2) In deciding how an offender should be sentenced for an offence, a\ncourt must not reduce the severity of a sentence it would otherwise\nhave imposed because of an automatic forfeiture of property, a\nforfeiture order, or a penalty order under the Confiscation of Criminal\nAssets Act 2003.\n34AA Sentencing—submissions\nIn deciding how an offender should be sentenced (if at all) for an\noffence, a court may consider a submission made by a party to the\nproceeding stating the sentence, or range of sentences, the party\nconsiders appropriate for the court to impose.\n","sortOrder":36},{"sectionNumber":"34A","sectionType":"section","heading":"Sentencing—sexual offences against children","content":"34A Sentencing—sexual offences against children\nFor a sexual offence against a child, a court—\n(a) must sentence the offender in accordance with sentencing\npractice, including sentencing patterns, at the time of\nsentencing; and\n\n(b) must not reduce the severity of a sentence it would otherwise\nhave imposed on an offender because the offender has good\ncharacter, to the extent that the offender’s good character\nenabled the offender to commit the offence.\nExamples—par (b)\n1 The offender’s good character was one reason the offender was selected\nto supervise children on a camp. The offender began to establish a\nrelationship with children at the camp to obtain their compliance in acts\nof a sexual nature.\n","sortOrder":37},{"sectionNumber":"2","sectionType":"section","heading":"A child’s parents trusted the offender to care for the child because of the","content":"2 A child’s parents trusted the offender to care for the child because of the\noffender’s authority in their community. The offender held authority in\nthe community in part because of the offender’s good character. The\noffender sexually abused the child including while the child was in the\noffender’s care.\nNote A sentence is limited to the maximum sentence that applied to the\noffence when it was committed (see Human Rights Act 2004,\ns 25 (2)).\n","sortOrder":38},{"sectionNumber":"34B","sectionType":"section","heading":"Sentencing—family violence offences","content":"34B Sentencing—family violence offences\n(1) In deciding how an offender should be sentenced for a family\nviolence offence, a court must consider the nature of family violence\nand the context of the offending, including the following:\n(a) the matters mentioned in the preamble to the Family Violence\nAct 2016;\n(b) whether the offending occurred at the home of the victim,\noffender or another person;\n(c) whether the offending occurred when a child was present;\n(d) if the offence is a serious family violence offence—whether the\noffender has 1 or more other convictions for serious family\nviolence offences.\n(2) A court must not reduce the severity of a sentence it would otherwise\nhave imposed because—\n(a) the offence is a family violence offence; or\n\n(b) a family violence order under the Family Violence Act 2016 or\na protection order under the Domestic Violence and Protection\nOrders Act 2008 (repealed) is in force against the offender in\nrelation to the family violence offence.\nfamily violence—see the Family Violence Act 2016, dictionary.\nserious family violence offence means a family violence offence that\nis punishable by imprisonment for 5 years or more.\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Reduction of sentence—guilty plea","content":"35 Reduction of sentence—guilty plea\n(a) an offender pleads guilty to an offence; and\n(b) based on the information currently available to the court, the\ncourt considers that there is a real likelihood that it will sentence\nthe offender to imprisonment.\n(2) In deciding how the offender should be sentenced (if at all) for the\noffence, the court must consider the following matters:\n(a) the fact that the offender pleaded guilty;\n(b) when the offender pleaded guilty, or indicated an intention to\nplead guilty;\n(c) whether the guilty plea was related to negotiations between the\nprosecution and defence about the charge to which the offender\npleaded guilty;\n(d) the seriousness of the offence;\n(e) the effect of the offence on the victims of the offence, the\nimpact statement.\nNote For who may make a victim impact statement, see s 49.\n\n(3) The court may impose a lesser penalty (including a shorter nonparole\nperiod) on the offender than it would otherwise have imposed if the\noffender had not pleaded guilty to the offence.\n(4) However, in deciding any lesser penalty, the court must not make any\nsignificant reduction for the fact that the offender pleaded guilty if,\nbased on established facts, the court considers that the prosecution’s\ncase for the offence was overwhelmingly strong.\n(5) For subsection (2) (b), the earlier in the proceeding that the guilty plea\nis made, or indication is given that it will be made, the lesser the\npenalty the court may impose.\n(6) A lesser penalty imposed under this section must not be unreasonably\navailable documents, in relation to the offence, means any of the\n(a) any written statements or admissions made for use as evidence\nat a trial that would have been admissible as evidence at the trial\n(b) depositions taken at any committal proceeding for the offence;\n(c) any written statements or admissions used as evidence in any\ncommittal proceeding for the offence;\n(d) any other relevant written documents.\n(b) any lawyer representing the offender.\nestablished facts means facts established by—\n(a) evidence given at the trial; or\n(b) available documents; or\n\n(c) admissions by the offender; or\n(d) submissions made by the prosecution or defence.\n","sortOrder":40},{"sectionNumber":"35A","sectionType":"section","heading":"Reduction of sentence—assistance in administration of","content":"35A Reduction of sentence—assistance in administration of\njustice\n(a) an offender is convicted or found guilty of an offence; and\n(b) before or after the conviction or finding of guilt, the defence\nassisted in the administration of justice for the offence.\nExample—par (b)\nan admission made by the defence pre-trial or during a trial\n(2) A court may impose a lesser penalty (including a shorter nonparole\nperiod) on the offender than it would otherwise have imposed having\nregard to the degree of assistance provided in the administration of\njustice.\n(3) A lesser penalty imposed under this section must not be unreasonably\n(4) For this section, assistance in the administration of justice—\n(a) includes a pre-trial disclosure by the defence; but\n(b) does not include assistance—\n(i) consisting only of a plea of guilty under section 35; or\n(ii) given to law enforcement authorities under section 36.\n(b) any lawyer representing the offender.\n\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Reduction of sentence—assistance to law enforcement","content":"36 Reduction of sentence—assistance to law enforcement\nauthorities\n(a) an offender is convicted or found guilty of an offence; and\n(b) the offender assisted, or undertook to assist, law enforcement\nauthorities in—\n(i) preventing, detecting or investigating the offence or any\nother offence; or\n(ii) a proceeding in relation to the offence or any other offence.\n(2) A court may impose a lesser penalty (including a shorter nonparole\nperiod) on the offender than it would otherwise have imposed having\nregard to the degree of assistance provided, or undertaken to be\nprovided, to law enforcement authorities.\nNote The DPP may appeal against the reduced sentence if the offender does\nnot comply with the undertaking (see s 137).\n(3) In deciding whether to impose a lesser penalty for the offence, and\nthe nature and extent of the penalty to be imposed, the court must\nconsider the following matters:\n(a) the effect of the offence on the victims of the offence, the\nimpact statement;\nNote For who may make a victim impact statement, see s 49.\n(b) the significance and usefulness of the offender’s assistance to\nlaw enforcement authorities, taking into account any evaluation\nby the authorities of the assistance provided or undertaken to be\nprovided;\n(c) the truthfulness, completeness and reliability of any information\nor evidence provided by the offender;\n\n(d) the nature and extent of the offender’s assistance or promised\nassistance;\n(e) the timeliness of the assistance or undertaking to assist;\n(f) any benefits that the offender has gained or may gain because of\nthe assistance or undertaking to assist;\n(g) whether the offender will suffer harsher custodial conditions\nbecause of the assistance or undertaking to assist;\n(h) any injury suffered by the offender or the offender’s family, or\nany danger or risk of injury to the offender or the offender’s\nfamily, because of the assistance or undertaking to assist;\n(i) whether the assistance or promised assistance is in relation to\nthe offence for which the offender is being sentenced or an\nunrelated offence;\n(j) if the offender is to serve a sentence of imprisonment—the\nlikelihood that the offender will commit further offences after\nrelease from imprisonment.\n(4) A lesser penalty imposed under this section must not be unreasonably\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Reduction of sentence—statement by court about penalty","content":"37 Reduction of sentence—statement by court about penalty\n(1) This section applies if a court imposes a lesser penalty for an offence\nunder section 35 (Reduction of sentence—guilty plea), section 35A\n(Reduction of sentence—assistance in administration of justice) or\nsection 36 (Reduction of sentence—assistance to law enforcement\nauthorities).\n(2) The court must state—\n(a) the penalty (including any shorter nonparole period) it would\notherwise have imposed; and\n(b) if the lesser penalty is imposed under section 35A or\nsection 36—the reason for the imposition of the lesser penalty.\n\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Sentences of imprisonment and uncompleted young","content":"38 Sentences of imprisonment and uncompleted young\noffender orders\n(1) This section applies in relation to an adult offender if, at the time of\nsentencing—\n(a) the adult offender is serving a sentence that was imposed on the\nperson as a young offender (the previous sentence); and\n(b) the court is imposing a sentence that would be likely to bring the\noffender into contact with other adult offenders.\n(2) The court—\n(a) must, in deciding the term of the sentence, consider any\nremaining period during which the previous sentence would\nremain in force if not discharged under paragraph (b); and\n(b) may, if appropriate, discharge the previous sentence.\n","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Judgment after sentence deferred","content":"39 Judgment after sentence deferred\n(1) If an offender is convicted of an offence and sentence is deferred, the\ncourt before which the offender was tried, or the Supreme Court, may\nsentence the offender for the offence at any time afterwards.\n(2) This section does not apply if the court has made a deferred sentence\nNote Under a deferred sentence order, sentencing is deferred to a stated time\n(see s 27) unless the order is cancelled (see s 133).\n\n","sortOrder":45},{"sectionNumber":"39A","sectionType":"section","heading":"Meaning of assessor—pt 4.2","content":"39A Meaning of assessor—pt 4.2\n(a) a public servant whose functions include preparing pre-sentence\nreports; or\n","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"Application—pt 4.2","content":"40 Application—pt 4.2\nThis part applies if either of the following applies to a person\n(the offender):\n(a) a court finds the offender guilty of an offence;\n(b) the offender indicates to a court an intention to plead guilty to\nan offence.\n","sortOrder":47},{"sectionNumber":"40A","sectionType":"section","heading":"Pre-sentence report matters","content":"40A Pre-sentence report matters\nFor this part, each of the following is a pre-sentence report matter in\nrelation to the offender:\n(a) the offender’s age;\n(b) the offender’s social history and background (including cultural\nbackground);\n(c) the offender’s medical and psychiatric history;\n(d) the offender’s educational background;\n(e) the offender’s employment history;\n(f) the extent to which the offender is complying, or has complied,\nwith any sentence;\n\n(g) the offender’s financial circumstances;\n(h) any special needs of the offender;\n(i) any courses, programs, treatment, therapy or other assistance\nthat is available to the offender and from which the offender may\nbenefit;\n(j) any risk assessments made of the likelihood that the offender\nwill commit further offences or of things (including\ncircumstances) that may make the offender more likely to\ncommit further offences;\n(k) whether the offender—\n(i) is addicted to, or misuses, alcohol or a controlled drug; and\n(ii) has been assessed, treated or monitored by the court\nalcohol and drug assessment service under section 40B;\n(l) the opinion of the assessor preparing a pre-sentence report for\nthe offender in relation to an offence, and the basis for the\nopinion, about the following:\n(i) the offender’s attitude to the offence;\n(ii) the need to protect victims of the offence from violence or\nharassment by the offender;\n(iii) anything that may make the offender more likely to commit\nfurther offences;\nExamples—par (iii)\n1 dependence on alcohol or a controlled drug\n2 a gambling addiction\n3 association with particular people\n(iv) the likelihood that the offender may commit further\noffences;\n\n(v) whether it would be appropriate to refer the offender for\nrestorative justice under the Crimes (Restorative Justice)\nAct 2004.\nNote See s 133E for additional pre-sentence report matters for young\n","sortOrder":48},{"sectionNumber":"40B","sectionType":"section","heading":"Pre-sentence report matters—court alcohol and drug","content":"40B Pre-sentence report matters—court alcohol and drug\nassessment service\n(1) This section applies if the offender is addicted to, or misuses, alcohol\nor a controlled drug.\n(2) Before sentencing the offender, a court may order that the offender—\n(a) be assessed by the court alcohol and drug assessment service\n(CADAS); and\n(b) comply with any treatment, referral to treatment or monitoring\nby CADAS as a result of the assessment.\n(3) A court must not make an order under subsection (2) without the\noffender’s consent.\n(4) In making an order under subsection (2), the court may also order that\nthe offender comply with any reasonable direction given by the\ndirector-general of the administrative unit responsible for the\nadministration of the Corrections Management Act 2007 in relation\nto the assessment, treatment, referral or monitoring.\n(5) If the court makes an order under subsection (2), the court may make\nan order requiring a clinician from CADAS to appear before the court\nat the time and place stated in the order for the sentencing of the\n\n","sortOrder":49},{"sectionNumber":"41","sectionType":"section","heading":"Pre-sentence reports—order","content":"41 Pre-sentence reports—order\n(a) the Magistrates Court—\n(ii) accepts an offender’s guilty plea for an offence; or\n(b) the Magistrates Court commits an offender to the Supreme\nCourt for sentence; or\nNote The Magistrates Court may commit a person to the Supreme Court\nfor sentence under the Magistrates Court Act 1930, s 92A.\n(c) the Supreme Court—\n(ii) accepts an offender’s guilty plea for an offence.\n(2) If subsection (1) (b) applies—the Magistrates Court may—\n(a) order a pre-sentence report in relation to the offender; and\n(b) order the director-general to provide a copy of the report to the\nSupreme Court or any other person.\n(3) If subsection (1) (a) or (c) applies—the court may—\n(a) order a pre-sentence report in relation to the offender; and\n(b) adjourn the proceeding for the report to be prepared; and\n(c) order the director-general to provide a copy of the report to the\ncourt or any other person.\nNote If a form is approved under the Court Procedures Act 2004 for an\norder under this section, the form must be used (see that\nAct, s 8 (2)).\n\n(4) However, the court must order the director-general to prepare a\npre-sentence report before sentencing the offender to serve all or any\npart of a sentence by—\n(a) community service work under a good behaviour order; or\n(b) undertaking a rehabilitation program under a good behaviour\n(5) The court order for the preparation of a pre-sentence report may state\n1 or more pre-sentence report matters, or any other matter, that the\nreport must address.\n(6) Subsection (4) (b) does not apply if relevant sentencing information,\nunder section 97 (Good behaviour orders—rehabilitation programs—\nsuitability), is already before the court.\n(7) The director-general must arrange for an assessor to prepare a\npre-sentence report ordered by the court.\n(a) for a report about a young offender—the CYP director-general;\nand\n(b) for any other report—the director-general responsible for this\nAct.\n","sortOrder":50},{"sectionNumber":"42","sectionType":"section","heading":"Pre-sentence reports by assessors","content":"42 Pre-sentence reports by assessors\n(1) A pre-sentence report must address—\n(a) each pre-sentence report matter, or any other matter, stated in\nthe court order for the report; and\n(b) any other pre-sentence report matter, or any other matter, that,\non investigation, appears to the assessor to be relevant.\n\n(2) If a court order directs that a pre-sentence report deal with an\noffender’s suitability for a deferred sentence, the report must also—\n(a) address the matters mentioned in section 116 (1) (Deferred\nsentence orders—eligibility); and\n(i) the offender’s suitability for a deferred sentence; and\n(ii) any condition that might be included in a deferred sentence\n(3) If a court order directs that a pre-sentence report deal with an\noffender’s suitability for serving all, or any part, of a sentence by\ncommunity service work under a good behaviour order, the report\nmust also—\n(a) address the matters mentioned in section 90 (Good behaviour\norders—community service—pre-sentence report matters); and\n(i) the offender’s suitability for serving all or any part of a\nsentence by community service work under a good\nbehaviour order; and\n(ii) any condition that might be appropriate for a community\nservice condition.\n(4) If a court order directs that a pre-sentence report deal with an\noffender’s suitability for serving all, or any part, of a sentence by\nundertaking a rehabilitation program under a good behaviour order,\nthe report must also—\n(a) address the matters mentioned in section 98 (Good behaviour\norders—rehabilitation programs—pre-sentence report matters);\nand\n\n(i) the offender’s suitability for serving all or any part of a\nsentence by undertaking a rehabilitation program under a\ngood behaviour order; and\n(ii) any condition that might be appropriate for a rehabilitation\nprogram condition.\n","sortOrder":51},{"sectionNumber":"43","sectionType":"section","heading":"Pre-sentence reports—powers of assessors","content":"43 Pre-sentence reports—powers of assessors\n(1) In preparing the pre-sentence report for the offender, the assessor—\n(a) may conduct any investigation the assessor considers\nappropriate; and\n(b) may ask any of the following to provide information:\n(iv) for a report for a young offender—a parent or anyone else\nwho has parental responsibility for the young offender\nunder the Children and Young People Act 2008;\n(v) for a report for an offender to be sentenced for a family\nviolence offence—an approved crisis support organisation\nunder the Domestic Violence Agencies Act 1986;\n(vi) a victim of the offence;\n(vii) any other entity.\n(2) However, an assessor may make a request under\nsubsection (1) (b) (iv) in relation to a young offender who is an adult\nonly with the young offender’s consent.\n\n(3) If an entity mentioned in subsection (1) (b) (i), (ii) or (iii) is asked to\nprovide information, the entity must promptly comply with the\nrequest.\n(4) If an entity gives information honestly and with reasonable care in\n(5) This section does not limit any other power of the assessor to obtain\ninformation for the purposes of the pre-sentence report.\n(6) A regulation may make provision in relation to—\n(a) the preparation and provision of pre-sentence reports; and\n(b) the conduct of assessments of an offender’s suitability for a\ndeferred sentence order or to serve a particular kind of sentence\n(including a kind mentioned in section 41 (4) (Pre-sentence\nreports—order)).\n","sortOrder":52},{"sectionNumber":"44","sectionType":"section","heading":"Pre-sentence reports—provision to court","content":"44 Pre-sentence reports—provision to court\nThe pre-sentence report may be given to the court either orally or in\nwriting.\n\n","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"Pre-sentence reports—cross-examination","content":"46 Pre-sentence reports—cross-examination\n(1) The prosecutor and the defence may cross-examine the assessor on\nthe pre-sentence report given to the court by the assessor.\n\nPart 4.2A Intensive correction\nassessments\n","sortOrder":54},{"sectionNumber":"46A","sectionType":"section","heading":"Meaning of assessor—pt 4.2A","content":"46A Meaning of assessor—pt 4.2A\n(a) a public servant whose functions include preparing intensive\ncorrection assessments; or\n","sortOrder":55},{"sectionNumber":"46B","sectionType":"section","heading":"Application—pt 4.2A","content":"46B Application—pt 4.2A\nThis part applies if either of the following applies to a person (the\noffender):\n(a) a court finds the offender guilty of an offence;\n(b) the offender indicates to a court an intention to plead guilty to\nan offence.\n","sortOrder":56},{"sectionNumber":"46C","sectionType":"section","heading":"Intensive correction assessments—order","content":"46C Intensive correction assessments—order\n(a) the Magistrates Court—\n(ii) accepts an offender’s guilty plea for an offence; or\n(b) the Magistrates Court commits an offender to the Supreme\nCourt for sentence; or\nNote The Magistrates Court may commit a person to the Supreme Court\nfor sentence under the Magistrates Court Act 1930, s 92A.\n\n(c) the Supreme Court—\n(ii) accepts an offender’s guilty plea for an offence.\n(2) If subsection (1) (b) applies, the Magistrates Court may—\n(a) order an intensive correction assessment in relation to the\n(b) order the director-general to provide a copy of the assessment to\nthe Supreme Court or any other person.\n(3) If subsection (1) (a) or (c) applies, the court may—\n(a) order an intensive correction assessment in relation to the\n(b) adjourn the proceeding for the assessment to be prepared; and\n(c) order the director-general to provide a copy of the assessment to\nthe court or any other person.\n(4) However, the court must order the director-general to prepare an\nintensive correction assessment before sentencing the offender to a\nsentence of imprisonment by intensive correction.\n(5) The director-general must arrange for an assessor to prepare an\nintensive correction assessment ordered by the court.\n(6) The intensive correction assessment must address the matters\nmentioned in section 46D.\n\n","sortOrder":57},{"sectionNumber":"46D","sectionType":"section","heading":"Intensive correction orders—intensive correction","content":"46D Intensive correction orders—intensive correction\nassessment matters\nFor section 46C (6), the matters for assessing the offender’s\nsuitability to serve a sentence by intensive correction order are the\nmatters mentioned in table 46D, column 2.\nTable 46D Assessment of suitability—intensive correction order\nitem\nmajor psychiatric or psychological disorder\n3 medical condition potential unfitness to comply with an intensive\ncorrection order\n4 criminal record and\nresponse to previous\nserious criminal record or substantial noncompliance\nwith previous court orders\npotential impracticability of compliance with intensive\ncorrection order\n6 participation and\nwith intensive\ncorrection assessment\n\nitem\n7 living circumstances of\nthe offender\nmember of the offender’s household does not consent\nto living with the offender while the offender is\nserving intensive correction\nsomeone with parental responsibility or guardianship\nfor a person who is a member of the offender’s\nhousehold does not consent to the person living with\nthe offender while the offender is serving intensive\ncorrection\nresidence outside the ACT may make administration\nof an intensive correction order, or the offender’s\ncompliance with an intensive correction order,\nimpracticable\n","sortOrder":58},{"sectionNumber":"46E","sectionType":"section","heading":"Intensive correction assessments—powers of assessors","content":"46E Intensive correction assessments—powers of assessors\n(1) In preparing the intensive correction assessment for the offender, the\nassessor may—\n(a) conduct any investigation the assessor considers appropriate;\nand\n(b) ask any of the following to provide information:\n\nprovide information, the entity must promptly comply with the\nrequest.\ninformation for the purpose of the intensive correction assessment.\nprovision of intensive correction assessments.\n","sortOrder":59},{"sectionNumber":"46F","sectionType":"section","heading":"Intensive correction assessments—provision to court","content":"46F Intensive correction assessments—provision to court\nThe intensive correction assessment may be given to the court either\norally or in writing.\n","sortOrder":60},{"sectionNumber":"46G","sectionType":"section","heading":"Intensive correction assessments—cross-examination","content":"46G Intensive correction assessments—cross-examination\n(1) The prosecutor and the defence may cross-examine the assessor on\nthe intensive correction assessment given to the court by the assessor.\n\nPart 4.2B Drug and alcohol treatment\nassessments\n","sortOrder":61},{"sectionNumber":"46H","sectionType":"section","heading":"Meaning of assessor—pt 4.2B","content":"46H Meaning of assessor—pt 4.2B\n(a) a public servant whose functions include preparing drug and\nalcohol treatment assessments; or\n","sortOrder":62},{"sectionNumber":"46I","sectionType":"section","heading":"Application—pt 4.2B","content":"46I Application—pt 4.2B\n(1) This part applies if—\n(a) either of the following applies to a person who is an adult\n(the offender):\n(i) the offender pleads guilty to an offence;\n(ii) the offender indicates to the court an intention to plead\nguilty to an offence; and\n(b) the offence is an eligible offence.\neligible offence—see section 12A (9).\n\nDrug and alcohol treatment assessments Part 4.2B\n","sortOrder":63},{"sectionNumber":"46J","sectionType":"section","heading":"Drug and alcohol treatment assessments—order","content":"46J Drug and alcohol treatment assessments—order\n(1) This section applies if the court is considering whether to make a drug\nand alcohol treatment order for an offender.\n(2) The court may—\n(a) order an assessment of the offender (a drug and alcohol\ntreatment assessment); and\n(b) adjourn the proceeding for the assessment to be prepared; and\n(c) order the responsible director-general to provide a copy of the\nassessment to the court or any other person.\n(3) However, the court must order the responsible director-general to\nprepare the drug and alcohol treatment assessment before making a\ndrug and alcohol treatment order.\n(4) The responsible director-general must arrange for an assessor to\nprepare a drug and alcohol treatment assessment ordered by the court.\n(5) The drug and alcohol treatment assessment must address the matters\nmentioned in section 46K.\nresponsible director-general means 1 or both of the following:\n(a) the health director-general;\n(b) the director-general responsible for this Act.\n\n","sortOrder":64},{"sectionNumber":"46K","sectionType":"section","heading":"Drug and alcohol treatment assessments—drug and","content":"46K Drug and alcohol treatment assessments—drug and\nalcohol treatment assessment matters\nFor section 46J (5), the matters for assessing the offender’s suitability\nto comply with a drug and alcohol treatment order are the matters\nmentioned in table 46K, column 2.\nTable 46K Assessment of suitability—drug and alcohol treatment order\nitem\nunlikely to change under drug and alcohol treatment\nmajor psychiatric or psychological disorder likely to\nprevent compliance with a drug and alcohol treatment\n3 medical condition medical condition likely to prevent compliance with a\ndrug and alcohol treatment order\n4 criminal record and\nresponse to previous\nserious criminal record or substantial noncompliance\nwith previous court orders\npotential impracticability of compliance with a drug\nand alcohol treatment order\n6 participation and\nwith drug and alcohol\ntreatment assessment\n7 living circumstances of\nthe offender\ninability or refusal to live in ACT\nmember of offender’s household does not consent to\nliving with the offender while the offender is subject to\na drug and alcohol treatment order\n\nDrug and alcohol treatment assessments Part 4.2B\n","sortOrder":65},{"sectionNumber":"46L","sectionType":"section","heading":"Drug and alcohol treatment assessments—powers of","content":"46L Drug and alcohol treatment assessments—powers of\nassessors\n(1) In preparing the drug and alcohol treatment assessment for the\noffender, the assessor may—\n(a) investigate any matter the assessor considers appropriate; and\n(b) ask any of the following to provide information for the purpose\nof the assessment:\nprovide information, the entity must comply with the request as soon\nas practicable.\n\ninformation for the purpose of the drug and alcohol treatment\nassessment.\nprovision of drug and alcohol treatment assessments.\n","sortOrder":66},{"sectionNumber":"46M","sectionType":"section","heading":"Drug and alcohol treatment assessments—provision to","content":"46M Drug and alcohol treatment assessments—provision to\ncourt\nThe drug and alcohol treatment assessment may be given to the court\neither orally or in writing.\n","sortOrder":67},{"sectionNumber":"46N","sectionType":"section","heading":"Drug and alcohol treatment assessments—","content":"46N Drug and alcohol treatment assessments—\ncross-examination\n(1) The prosecutor and the defence may cross-examine the assessor who\nprepared the drug and alcohol treatment assessment given to the\n\n","sortOrder":68},{"sectionNumber":"47","sectionType":"section","heading":"Definitions—pt 4.3","content":"47 Definitions—pt 4.3\nbecause of, an offence, means—\n(a) as a result of, or in the course of, the commission of the offence;\nor\n(b) in the course of assisting a police officer in the exercise of the\nofficer’s power to arrest a person for the offence or to take action\nto prevent the offence.\nharm includes—\n(a) physical injury; and\n(b) mental injury or emotional suffering (including grief); and\n(c) pregnancy; and\n(d) economic loss; and\n(e) substantial impairment of rights accorded by law.\nvictim, of an offence, means—\n(a) a person (a primary victim) who suffers harm because of the\noffence; or\n(b) if a primary victim dies because of the offence—a person who\nwas financially or psychologically dependent on the primary\nvictim immediately before the primary victim’s death.\nvictim impact statement, for an offence, means a statement made by\nor for a victim of the offence that contains details of any harm\nsuffered by the victim because of the offence.\n\n","sortOrder":69},{"sectionNumber":"48","sectionType":"section","heading":"Application—pt 4.3","content":"48 Application—pt 4.3\nThis part applies in relation to an offence if the offence is—\n(a) an offence punishable by imprisonment for longer than 1 year;\nor\n(b) another offence prescribed by regulation.\n","sortOrder":70},{"sectionNumber":"49","sectionType":"section","heading":"Victim impact statements—who may make","content":"49 Victim impact statements—who may make\n(1) The following people may make a victim impact statement for the\noffence:\n(a) a victim of the offence;\n(b) a person who has parental responsibility for a victim of the\noffence;\n(c) a close family member of a victim of the offence;\n(d) a carer for a victim of the offence;\n(e) a person with an intimate personal relationship with a victim of\nthe offence.\nparental responsibility—see the Children and Young People\nAct 2008, division 1.3.2.\n","sortOrder":71},{"sectionNumber":"50","sectionType":"section","heading":"Victim impact statements—oral or written","content":"50 Victim impact statements—oral or written\nA victim impact statement for the offence may be made as—\n(a) a written statement signed by or for a victim of the offence; or\n(b) a statement given orally in court by or for a victim of the offence.\n\n","sortOrder":72},{"sectionNumber":"51","sectionType":"section","heading":"Victim impact statements—form and contents","content":"51 Victim impact statements—form and contents\n(1) A victim impact statement for the offence must identify the victim to\nwhom it relates.\n(2) The statement must include the full name of the person who makes\nthe statement.\n(3) If the person who makes the statement is not the victim (or the\nvictim’s representative)—\n(a) the statement must indicate that the victim does not object to the\nstatement being made to the court; and\n(b) if practicable, the victim (or representative) must sign the\nstatement, or make a separate written or oral statement to the\ncourt, to verify that the victim does not object.\n(4) If the victim to whom the statement relates is not a primary victim,\nthe statement must identify the primary victim and state the nature\nand length of the victim’s relationship with the primary victim.\n(5) If the statement is made by a person who is not the victim, the\nstatement must indicate the nature and length of the person’s\nrelationship with the victim.\n(6) The statement may contain photographs, drawings or other images.\n(7) The statement must not contain anything that is offensive,\nthreatening, intimidating or harassing.\n(8) This section does not prevent a victim impact statement being made\nby or for more than 1 victim.\n","sortOrder":73},{"sectionNumber":"51A","sectionType":"section","heading":"Victim impact statements—adjournment of proceeding to","content":"51A Victim impact statements—adjournment of proceeding to\nallow preparation\n(1) If the prosecution in a sentencing proceeding for a serious offence\nrequests an adjournment for the preparation of a victim impact\nstatement, the court must grant the adjournment for a reasonable\nperiod to allow the statement’s preparation.\n\n(2) However, the court must not adjourn the proceeding if satisfied that\nspecial circumstances justify refusing the adjournment.\nserious offence means an offence punishable by imprisonment for\nlonger than 5 years.\n","sortOrder":74},{"sectionNumber":"52","sectionType":"section","heading":"Victim impact statements—use in court","content":"52 Victim impact statements—use in court\n(1) A victim impact statement may be—\n(a) tendered to the court; or\n(b) made orally in court; or\n(c) read out in court by the person who made the statement or\nsomeone else (whether or not the statement is tendered to the\ncourt).\n(2) The statement may be given when the court considers appropriate—\n(a) after any of the following:\n(i) the offender has pleaded guilty to the offence;\n(ii) the court has found the offence proved;\n(iii) the offender has been found guilty or convicted of the\noffence; and\n(b) before the offender is sentenced.\n(3) The court must allow the statement to be read out in court if the maker\nof the statement wishes the statement to be given to the court in that\nway.\n(4) Subsection (5) applies to a maker of a statement, if a special\nrequirement for giving evidence—\n(a) applied to the maker giving evidence in the proceeding to which\nthe statement relates; or\n\n(b) would have applied to the maker had the maker given evidence\nin the proceeding.\n(5) If the maker of the statement wishes, the special requirement applies\nto the maker reading out the maker’s statement in court as if the maker\nwere a witness giving evidence in the proceeding.\nspecial requirement, for giving evidence, means any of the following\nprovisions under the Evidence (Miscellaneous Provisions) Act 1991:\n(a) part 2.2 (Evidence of children—audiovisual links);\n(b) division 4.3.2 (Special requirements—general);\n(c) division 4.3.5 (Giving evidence by audiovisual link);\n(d) section 101 (Child or witness with disability may have support\nperson in court);\n(e) section 102 (Witness with vulnerability may give evidence in\nclosed court).\n","sortOrder":75},{"sectionNumber":"53","sectionType":"section","heading":"Victim impact statements—effect","content":"53 Victim impact statements—effect\n(1) In deciding how the offender should be sentenced (if at all) for the\noffence, the court—\n(a) must consider any victim impact statement given to the court in\nrelation to the offence; and\n(b) must not draw any inference about the harm suffered by a victim\nfrom the fact that a victim impact statement is not given to the\ncourt in relation to the offence.\n(2) A victim impact statement must not be given in writing to the court\nunless—\n(a) the statement is made in accordance with section 51 (Victim\nimpact statements—form and contents); and\n\n(b) a copy of the statement has been given to the defence.\nNote The Evidence (Miscellaneous Provisions) Act 1991, ch 6A deals with\ncross-examination of the maker of a victim impact statement.\ngiven includes made orally in court or read out in court under this\npart.\n\nPart 4.4 Taking additional offences into\naccount\n","sortOrder":76},{"sectionNumber":"54","sectionType":"section","heading":"Definitions—pt 4.4","content":"54 Definitions—pt 4.4\nadditional offence—see section 55.\nlist of additional offences—see section 55.\nprincipal offence—see section 55.\nsentence-related order—see section 55.\n","sortOrder":77},{"sectionNumber":"55","sectionType":"section","heading":"Application—pt 4.4","content":"55 Application—pt 4.4\n(1) This part applies if—\n(a) an offender has been convicted or found guilty of an offence\n(the principal offence); and\n(b) none of the following orders (each of which is\na sentence-related order) have been made for the offence:\n(i) an order imposing a penalty on the offender;\n(ii) a deferred sentence order;\n(iii) a non-conviction order;\n(iv) a suspended sentence order; and\n(c) the prosecutor files in the court sentencing the offender a\ndocument (the list of additional offences) that lists other\noffences (each of which is an additional offence) allegedly\ncommitted by the offender.\n(2) However, this part does not apply in relation to an offence punishable\nby life imprisonment.\n\n","sortOrder":78},{"sectionNumber":"56","sectionType":"section","heading":"List of additional offences","content":"56 List of additional offences\n(1) The list of additional offences must—\n(a) indicate that the offences listed are offences that the offender\nwants the court to take into account in making a sentence-related\norder for the principal offence; and\n(b) be signed by the director of public prosecutions and the\n(2) A copy of the list of additional offences must be given to the offender.\n","sortOrder":79},{"sectionNumber":"57","sectionType":"section","heading":"Outstanding additional offences taken into account in","content":"57 Outstanding additional offences taken into account in\n(1) Before making a sentence-related order for the principal offence, the\ncourt must ask the offender whether the offender wants the court to\ntake any of the additional offences into account in relation to the\n(2) The court may take an additional offence into account in making a\nsentence-related order for the principal offence if—\n(a) the offender admits guilt to the additional offence; and\n(b) the offender confirms that the offender wants the additional\noffence to be taken into account by the court in relation to the\nprincipal offence; and\n(c) the prosecutor consents to the additional offence being taken\ninto account.\n(3) If the court takes an additional offence into account in relation to the\nprincipal offence, any penalty imposed for the principal offence must\nnot exceed the maximum penalty the court could have imposed for\nthe principal offence if the additional offence had not been taken into\naccount.\n\n(4) The court may not take an additional offence into account if the court\ndoes not have jurisdiction to make a sentence-related order for the\n(5) For subsection (4), the court is taken to have jurisdiction to make a\nsentence-related order for an additional offence even if the\njurisdiction may only be exercised with the offender’s consent.\n(6) To remove any doubt, subsection (4) does not prevent the Supreme\nCourt from taking a summary offence into account.\n","sortOrder":80},{"sectionNumber":"58","sectionType":"section","heading":"Ancillary orders relating to offences taken into account in","content":"58 Ancillary orders relating to offences taken into account in\naccount in making a sentence-related order for the offender for the\n(2) The court may make any ancillary order that it could have made if it\nhad convicted the offender of the additional offence when it took the\noffence into account.\n(3) To remove any doubt, the court may not make a separate\nsentence-related order for the additional offence.\n(4) The offender has the same rights of appeal in relation to the making\nof the ancillary order as the offender would have had if the order had\nbeen made on the conviction of the offender for the additional\n(5) This section is subject to section 134 (Operation of ancillary and\nrestitution orders).\nancillary order—see section 18 (5).\n\n","sortOrder":81},{"sectionNumber":"59","sectionType":"section","heading":"Consequences of taking offences into account in","content":"59 Consequences of taking offences into account in\naccount for the principal offence.\n(2) The court must certify, on the list of additional offences, that the\nadditional offence has been taken into account.\n(3) A proceeding must not be started or continued in relation to the\nadditional offence unless the conviction or finding of guilt for the\nprincipal offence is reversed or set aside.\n(4) Subsection (3) does not prevent the court from taking the additional\noffence into account if the court, on a later occasion, makes another\nsentence-related order for the offender, or re-sentences the offender,\nfor the principal offence.\n(5) The offender’s admission of guilt in relation to the additional offence\nis not admissible in evidence in a proceeding in relation to—\n(a) the additional offence; or\n(b) any other offence mentioned in the list of additional offences.\n(6) The offender is not, for any purpose, taken to have been convicted or\nfound guilty of the additional offence only because the additional\noffence is taken into account.\n","sortOrder":82},{"sectionNumber":"60","sectionType":"section","heading":"Evidence of offences taken into account in sentencing","content":"60 Evidence of offences taken into account in sentencing\naccount in making a sentence-related order for the offender for the\n(2) The fact that the additional offence has been taken into account is\nadmissible in a criminal proceeding if—\n(a) the fact that the offender has been convicted or found guilty of\nthe principal offence is admissible in the proceeding; and\n\n(b) had the offender been convicted or found guilty of the additional\noffence, that fact would have been admissible in the proceeding.\n(3) For subsection (2), a fact is admissible in a criminal proceeding if—\n(a) reference may be made to the fact in the proceeding; or\n(b) evidence may be given of the fact in the proceeding.\n(4) The fact that the additional offence has been taken into account may\nbe proved in the same way as the finding of guilt or conviction for the\n\nPart 4.5 Correction and adjustment of penalties\nPart 4.5 Correction and adjustment of\npenalties\n61 Reopening proceedings to correct penalty errors\n(1) This section applies to a criminal proceeding (including a proceeding\non appeal) in which a court has—\n(a) made a sentence-related order that is contrary to law; or\n(b) failed to make a sentence-related order that is required to be\nmade by law.\n(2) This section applies whether or not anyone has been convicted or\nfound guilty of an offence in the proceeding.\n(3) The court may reopen the proceeding (on the application of a party to\nthe proceeding, or on its own initiative) and may, after giving the\nparties an opportunity to be heard, do either or both of the following:\n(a) make a sentence-related order that is in accordance with law;\n(b) amend any relevant finding of guilt, conviction, sentence or\n(4) For this section, the court may issue a warrant for the arrest of a\nperson charged in the proceeding if—\n(a) the court considers that the person will not appear unless the\nwarrant is issued; or\n(b) the person fails to appear when the court calls on the person to\nappear.\n(5) For an appeal under any Act against a sentence-related order made\nunder this section, the time within which the appeal must be made\nstarts on the day the order is made.\n(6) However, this section does not otherwise affect any right of appeal.\n\nCorrection and adjustment of penalties Part 4.5\nsentence-related order—\n(a) see section 55 (Application—pt 4.4); and\n(b) includes an ancillary order within the meaning of section 58\n(Ancillary orders relating to offences taken into account in\nsentencing).\n\nPart 4.6 Sentencing—schedule offence\nwith criminal group\n","sortOrder":83},{"sectionNumber":"61A","sectionType":"section","heading":"Objects—pt 4.6","content":"61A Objects—pt 4.6\n(1) The objects of this part are—\n(a) to acknowledge that the community regards activities of\ncriminal organisations as a serious and harmful threat to\ncommunity safety; and\n(b) to deter the commission of offences connected with criminal\ngroups in a way that is consistent with human rights.\n(2) The objects are achieved by increasing the maximum penalty for\ncertain offences found to have been committed in connection with a\ncriminal group or while associated with a criminal group.\n","sortOrder":84},{"sectionNumber":"61B","sectionType":"section","heading":"Definitions—pt 4.6","content":"61B Definitions—pt 4.6\ncourt means—\n(a) the Magistrates Court; or\n(b) the Supreme Court.\ncriminal intelligence means information relating to actual or\nsuspected conduct that constitutes an indictable offence, whether in\nthe ACT or elsewhere, that if disclosed could reasonably be expected\nto result in any of the following:\n(a) prejudice to a criminal investigation;\n(b) the discovery of the existence or identity of a confidential source\nof information relevant to law enforcement;\n(c) a risk to the safety of any person.\n\nGeneral Division 4.6.1\noffender means an adult who has been found guilty of, or pleaded\nguilty to, a schedule offence.\nschedule offence means an offence mentioned in schedule 1,\ncolumn 2 under a section mentioned in column 3.\n","sortOrder":85},{"sectionNumber":"61C","sectionType":"section","heading":"Meaning of criminal group—pt 4.6","content":"61C Meaning of criminal group—pt 4.6\n(1) In this part:\ncriminal group means a group operating in the ACT or elsewhere that\nhas as an objective—\n(a) engaging in conduct that constitutes an indictable offence,\nincluding directing, planning, facilitating, supporting or\ncarrying out the conduct; or\n(b) obtaining for the group, someone in the group or someone else,\na material benefit from conduct engaged in, in the ACT or\nelsewhere that, if it occurred in the ACT, would constitute an\nindictable offence under a territory law.\ngroup means a group of 2 or more people, however structured,\nregardless of—\n(a) where the group is based; or\n(b) where a person involved in the group ordinarily lives; or\n(c) whether the people involved in the group changes from time to\ntime; or\n(d) whether only some of the people involved in the group plan,\norganise or carry out a particular activity.\n","sortOrder":86},{"sectionNumber":"61D","sectionType":"section","heading":"Application—pt 4.6","content":"61D Application—pt 4.6\nThis part applies only to a schedule offence committed after the\ncommencement of the part.\n\n","sortOrder":87},{"sectionNumber":"61F","sectionType":"section","heading":"Schedule offence and criminal group—application","content":"61F Schedule offence and criminal group—application\n(1) The director of public prosecutions may apply to a court for a decision\nthat an offender committed a schedule offence—\n(a) in connection with a criminal group; or\n(b) while associated with a criminal group.\n(2) However, the application may only be made if the director of public\nprosecutions gives the court oral notice of the proposed application\nimmediately after the offender was found guilty of, or pleaded guilty\nto, the schedule offence.\n(3) The application must—\n(a) be in writing; and\n(b) identify the offender; and\n(c) set out information in support of the application.\n(4) The application must be filed in the court within 7 days after the day\nthe offender was found guilty of, or pleaded guilty to, the schedule\noffence, or any longer period allowed by the court.\n(5) The director of public prosecutions must serve a copy of the\napplication, with any supporting affidavit, on the offender as soon as\nreasonably practicable after the application is filed.\n(6) However, subsection (5) does not require the director to disclose\ncriminal intelligence.\n","sortOrder":88},{"sectionNumber":"61G","sectionType":"section","heading":"Schedule offence and criminal group—offender’s","content":"61G Schedule offence and criminal group—offender’s\nresponse\n(1) An offender who is the subject of an application under section 61F\nmay file a response.\n\nSchedule offence—criminal group Division 4.6.2\n(2) The response (if any) must be filed within 14 days after the offender\nwas served with the application.\n","sortOrder":89},{"sectionNumber":"61H","sectionType":"section","heading":"Schedule offence and criminal group—when application","content":"61H Schedule offence and criminal group—when application\nmust be heard and decided\n(1) An application under section 61F must be heard and decided before\nthe offender is sentenced for the schedule offence.\n(2) The court must tell the offender about the effect of section 61K before\nthe court begins deciding whether the offender committed the\nschedule offence—\n(a) in connection with a criminal group; or\n(b) while associated with a criminal group.\n","sortOrder":90},{"sectionNumber":"61I","sectionType":"section","heading":"Court decision—in connection with criminal group","content":"61I Court decision—in connection with criminal group\n(1) On application under section 61F (1) (a), the court must decide\nwhether the offender committed the schedule offence in connection\nwith a criminal group.\n(2) The court may be satisfied the offender committed the schedule\noffence in connection with a criminal group if the offender committed\nthe offence—\n(a) for the benefit of the criminal group or at least 2 people in the\ngroup; or\n(b) at the direction of a person in the criminal group; or\n(c) to further the objectives of the criminal group.\n(3) When making the decision, the court must—\n(a) apply the rules of evidence; and\n(b) be satisfied beyond reasonable doubt.\n\n(4) The court must record the reasons for its decision only if the court\ndecides that the offender committed the schedule offence in\nconnection with a criminal group.\n(5) Failure to comply with subsection (4) does not invalidate the decision\nor the sentence the court imposes on the offender.\n","sortOrder":91},{"sectionNumber":"61J","sectionType":"section","heading":"Court decision—while associated with criminal group","content":"61J Court decision—while associated with criminal group\n(1) On application under section 61F (1) (b), the court must decide\nwhether the offender committed the schedule offence while\nassociated with a criminal group.\n(2) The court may be satisfied that the offender committed the schedule\noffence while associated with a criminal group if—\n(a) the offender—\n(i) recruited people to support or participate in the criminal\ngroup; or\n(ii) engaged in conduct that supported the criminal group; or\n(iii) occupied a position of management or leadership in the\ncriminal group; or\n(iv) was able to direct the activities of the criminal group; or\n(b) the offender identified themselves in some way as being\nassociated with the criminal group even if the offender was\nnot—\n(i) a member of the group; or\n(ii) recognised as associated with the group by the group or a\nmember of the group.\n(3) When making the decision, the court must—\n(a) apply the rules of evidence; and\n(b) be satisfied beyond reasonable doubt.\n\nCriminal group—criminal intelligence Division 4.6.3\n(4) The court must record the reasons for its decision only if the court\ndecides that the offender committed the schedule offence while\nassociated with the criminal group.\n(5) Failure to comply with subsection (4) does not invalidate the decision\nor the sentence the court imposes on the offender.\n","sortOrder":92},{"sectionNumber":"61K","sectionType":"section","heading":"Maximum penalty for schedule offence","content":"61K Maximum penalty for schedule offence\n(1) If a court decides that a schedule offence was committed by an\noffender in connection with a criminal group, the maximum penalty\nfor the offence is increased by 25% of the stated penalty.\n(2) If a court decides that a schedule offence was committed by an\noffender while associated with a criminal group, the maximum\npenalty for the offence is increased by 10% of the stated penalty.\nstated penalty, for a schedule offence, means the maximum penalty\nstated in a law for the offence, other than this section.\n","sortOrder":93},{"sectionNumber":"61L","sectionType":"section","heading":"Disclosure of criminal intelligence","content":"61L Disclosure of criminal intelligence\nInformation that the chief police officer classifies as criminal\nintelligence must not be disclosed for this part to anyone other than\nthe director of public prosecutions or a court.\n","sortOrder":94},{"sectionNumber":"61M","sectionType":"section","heading":"Court must decide whether classified information is","content":"61M Court must decide whether classified information is\ncriminal intelligence\n(1) If information classified by the chief police officer as criminal\nintelligence is proposed to be used in a proceeding on application\nunder section 61F, the director of public prosecutions must apply to\nthe court for a decision about whether the information is criminal\n\n(2) The application need not be served on anyone unless the court\notherwise orders on its own initiative.\n(3) The court must decide whether the information is, or is not, criminal\n(4) If the court proposes to decide that the information is not criminal\nintelligence, the director of public prosecutions must be told about the\nproposal and given the opportunity to withdraw the information from\nthe proceeding.\n(5) The application must be heard in closed court.\n","sortOrder":95},{"sectionNumber":"61N","sectionType":"section","heading":"Confidentiality of criminal intelligence","content":"61N Confidentiality of criminal intelligence\n(1) This section applies if a court (on appeal or otherwise)—\n(a) deals with the question of whether information classified by the\nchief police officer as criminal intelligence is criminal\nintelligence; or\n(b) finds that information is criminal intelligence, and the\ninformation is not withdrawn.\n(2) The court must maintain the confidentiality of the information.\n(3) The court may take any steps it considers appropriate to maintain the\nconfidentiality of the information.\n(4) The court must not give any reason for making a finding in relation\nto the information, other than public interest.\n(5) However, if the court finds that information is not criminal\nintelligence, and the information is not withdrawn—\n(a) the court need not maintain the confidentiality of the\ninformation and may give reasons for the finding; and\n(b) any other court need not maintain the confidentiality of the\ninformation and may give reasons for making a finding in\nrelation to the information.\n\nCriminal group—criminal intelligence Division 4.6.3\n(6) This section is subject to section 61O.\n","sortOrder":96},{"sectionNumber":"61O","sectionType":"section","heading":"Disclosure of criminal intelligence to offender","content":"61O Disclosure of criminal intelligence to offender\n(a) criminal intelligence is proposed to be used in a proceeding for\nthe sentencing of an offender for a schedule offence; and\n(b) the director of public prosecutions does not withdraw the\n(2) The court must hear submissions from the director of public\nprosecutions and the defence about whether access to the criminal\nintelligence should be given to the defence.\n(3) If the court is satisfied that the defence must be given access to the\ncriminal intelligence, the court may order access to the intelligence in\na form and on any condition the court considers appropriate.\n(4) However, if the director of public prosecutions objects to access being\ngiven to the defence or the form or any condition of that access, the\ndirector may withdraw the information from the proceeding before\nthe defence has access to the intelligence.\n\nPart 5.1 Imprisonment—start and end of sentences\nPart 5.1 Imprisonment—start and end of\n62 Start and end of sentences—general rule\n(1) A sentence of imprisonment starts—\n(a) on the day the sentence is imposed; or\n(b) if an offender is not in custody—on the day the offender\nbecomes subject to lawful custody.\n(2) However, subsection (1) is subject to—\n(a) the following provisions of this Act:\n(i) section 31 (Combination sentences—start and end);\n(ii) section 63 (Start of sentences—backdated sentences);\n(iii) part 5.3 (Imprisonment—concurrent and consecutive\nsentences); and\n(b) the Crimes (Sentence Administration) Act 2005.\n(3) A sentence of imprisonment that starts on a day starts at the beginning\nof that day.\n(4) A sentence of imprisonment that ends on a day ends at the end of that\nday.\nsentence of imprisonment does not include a sentence of\nimprisonment that is fully suspended.\n\nImprisonment—start and end of sentences Part 5.1\n","sortOrder":97},{"sectionNumber":"63","sectionType":"section","heading":"Start of sentences—backdated sentences","content":"63 Start of sentences—backdated sentences\n(1) The court may direct that a sentence of imprisonment is taken to have\nstarted on a day before the day the sentence is imposed.\n(2) For subsection (1), the court must take into account any period during\nwhich the offender has already been held in custody in relation to the\n(3) However, subsection (2) does not apply to—\n(a) a period of custody of less than 1 day; or\n(b) a sentence of imprisonment of less than 1 day; or\n(c) a sentence of imprisonment that is fully suspended; or\n(d) the suspended part of a partly suspended sentence of\n(4) If the offender is charged with a series of offences committed on\ndifferent occasions and has been in custody continuously since arrest,\nthe period of custody for subsection (2) must be worked out from the\ntime of the offender’s arrest.\n(5) Subsection (4) applies even if the offender is not convicted or found\nguilty of—\n(a) the offence for which the offender was first arrested; or\n(b) any particular offence or offences in the series.\n\n","sortOrder":98},{"sectionNumber":"Part 5","sectionType":"part","heading":"2 Imprisonment—nonparole","content":"Part 5.2 Imprisonment—nonparole\nperiods\n","sortOrder":99},{"sectionNumber":"64","sectionType":"section","heading":"Application—pt 5.2","content":"64 Application—pt 5.2\n(1) This part applies to the following:\n(a) a sentence of imprisonment imposed by a court on an offender\nfor an offence, other than an excluded sentence of\nimprisonment;\n(b) full-time detention ordered under the Crimes (Sentence\nAdministration) Act 2005, section 65 (2) (b).\nNote Under the Crimes (Sentence Administration) Act 2005, s 65 (2), an\noffender’s intensive correction order may be cancelled, and a court\nmay order any remaining sentence of the offender to be served by\nfull-time detention.\nexcluded sentence of imprisonment means—\n(a) a sentence of imprisonment that is fully suspended; or\n(b) a sentence of imprisonment suspended under the custodial part\nof a drug and alcohol treatment order; or\n(c) a sentence of imprisonment to be served by intensive correction;\nor\n(d) a sentence of imprisonment imposed in default of payment of a\nfine; or\n(e) a sentence of life imprisonment, other than a sentence—\n(i) that was imposed by a court of a State or another Territory;\nand\n(ii) in relation to which a parole order is registered under the\nCrimes (Sentence Administration) Act 2005, section 167\n(Parole order transfer—registration); or\n\nImprisonment—nonparole periods Part 5.2\n(f) a sentence of imprisonment imposed on a young offender.\nfine—see the Crimes (Sentence Administration) Act 2005,\nsection 116A.\n","sortOrder":100},{"sectionNumber":"65","sectionType":"section","heading":"Nonparole periods—court to set","content":"65 Nonparole periods—court to set\n(1) This section applies if the court sentences the offender to a term of\nimprisonment of 1 year or longer, or 2 or more terms of imprisonment\nthat total 1 year or longer.\n(2) The court must set a period (a nonparole period) during which the\noffender is not eligible to be released on parole.\nNote If the offender is released on parole, the sentence is not discharged unless\nthe parole is completed without the parole order being cancelled (see\nCrimes (Sentence Administration) Act 2005, s 140 and s 160).\n(3) When the court sets the nonparole period, the court must state when\nthe nonparole period starts and ends.\nNote A sentence may be backdated to account for time already held in custody\n(see s 63).\n(4) However, the court may decline to set a nonparole period in\nsentencing the offender if the court considers that it would be\ninappropriate to set a nonparole period having regard to the nature of\nthe offence or offences and the offender’s antecedents.\n(5) If the offender is subject to a sentence of life imprisonment, the court\nmust not set a nonparole period for any sentence of imprisonment that\nis imposed on the offender unless—\n(a) the sentence of life imprisonment to which the offender is\nsubject was imposed by a court of a State or another Territory;\nand\n(b) a parole order for the sentence of life imprisonment is registered\nunder the Crimes (Sentence Administration) Act 2005,\nsection 167 (Parole order transfer—registration).\n\n(6) If the sentence of imprisonment is partly suspended, the period for\nwhich it is suspended must be disregarded for this section.\n","sortOrder":101},{"sectionNumber":"66","sectionType":"section","heading":"Nonparole periods—setting if sentence currently being","content":"66 Nonparole periods—setting if sentence currently being\nserved\n(a) the offender is serving a sentence of imprisonment (the existing\nsentence); and\n(b) the offender is sentenced to a further term of imprisonment\n(the primary sentence).\nNote Pt 5.3 deals with whether the primary sentence is to be served\nconcurrently or consecutively (or partly concurrently and partly\nconsecutively) with the existing sentence.\n(2) Section 65 (Nonparole periods—court to set) applies as if the court\nthat imposes the primary sentence had sentenced the person to\nimprisonment for a term equal to the total of the terms of the existing\nsentence and the primary sentence.\n(3) The imposition of the primary sentence automatically cancels any\nnonparole period set for the existing sentence.\n(4) Any nonparole period set for the primary sentence must not make the\noffender eligible to be released on parole earlier than if the primary\nsentence had not been imposed.\n","sortOrder":102},{"sectionNumber":"67","sectionType":"section","heading":"Nonparole periods—recommended conditions","content":"67 Nonparole periods—recommended conditions\nIn sentencing the offender to imprisonment, the court may\nrecommend conditions for the offender’s parole.\nNote The sentence administration board must have regard to any condition\nrecommended by the sentencing court (see Crimes (Sentence\nAdministration) Act 2005, s 130 (3)).\n\nImprisonment—nonparole periods Part 5.2\n","sortOrder":103},{"sectionNumber":"67A","sectionType":"section","heading":"Nonparole periods—appeals","content":"67A Nonparole periods—appeals\n(1) If, on appeal, a court sets aside or amends a sentence of imprisonment\nimposed on an offender—\n(a) any nonparole period to which the offender is subject is\nautomatically cancelled; and\n(b) this part applies in relation to the setting of any new nonparole\nperiod for the offender.\n(2) Despite subsection (1) (b), section 65 (4) does not apply if a court\namends a sentence of imprisonment on appeal and a nonparole period\napplied to the sentence before the appeal.\n","sortOrder":104},{"sectionNumber":"68","sectionType":"section","heading":"Nonparole periods—review of decision on nonparole","content":"68 Nonparole periods—review of decision on nonparole\nperiod\n(1) This section applies if the court fails to set, or fails to set properly, a\nnonparole period for a sentence of imprisonment.\n(2) The court may set a nonparole period on the application of any of the\nfollowing people:\n(a) the Attorney-General;\n(b) the director of public prosecutions;\n(c) the secretary of the sentence administration board;\n(d) the offender.\n\nPart 5.3 Imprisonment—concurrent and consecutive sentences\nPart 5.3 Imprisonment—concurrent and\nconsecutive sentences\nNote The Crimes (Sentence Administration) Act 2005, part 7.5A (Parole time\ncredit) may apply when a primary sentence is imposed on an offender for\nan offence that was committed while the offender was on parole.\n","sortOrder":105},{"sectionNumber":"69","sectionType":"section","heading":"Definitions—pt 5.3","content":"69 Definitions—pt 5.3\nexisting sentence—see section 70 (1).\nfine—see the Crimes (Sentence Administration) Act 2005,\nsection 116A.\nprimary sentence—see section 70 (1).\n","sortOrder":106},{"sectionNumber":"70","sectionType":"section","heading":"Application—pt 5.3","content":"70 Application—pt 5.3\n(1) This part applies to a sentence of imprisonment (a primary sentence)\nimposed by a court on an offender if—\n(a) any of the following apply in relation to the offender:\n(i) when the primary sentence is imposed, the offender is\nserving another sentence of imprisonment (an existing\nsentence);\n(ii) the offender has been sentenced to another sentence of\nimprisonment (also an existing sentence) but, when the\nprimary sentence is imposed, the other sentence has not yet\nstarted;\n(iii) the offender is sentenced to another sentence of\nimprisonment (also an existing sentence) in the same\nproceeding; and\n(b) the existing sentence is for an offence against a territory law;\nand\n\nImprisonment—concurrent and consecutive sentences Part 5.3\n(c) the primary sentence is not fully suspended.\nsentence of imprisonment does not include any nonparole period that\nhas been set for the primary sentence.\n","sortOrder":107},{"sectionNumber":"71","sectionType":"section","heading":"Concurrent and consecutive sentences—general rule","content":"71 Concurrent and consecutive sentences—general rule\n(1) In the absence of a direction under subsection (2), the primary\nsentence must be served concurrently with the existing sentence.\n(2) The court may direct that the primary sentence be served\nconsecutively (or partly concurrently and partly consecutively) with\nthe existing sentence.\n(3) This section is subject to the following provisions:\n(a) section 38 (Sentences of imprisonment and uncompleted young\noffender orders);\n(b) section 72 (Concurrent and consecutive sentences—offences\nwhile in custody or unlawfully absent);\n(c) section 73 (Concurrent and consecutive sentences—fine default\noffences);\n(d) section 80 (Intensive correction orders—concurrent and\nconsecutive periods).\n","sortOrder":108},{"sectionNumber":"72","sectionType":"section","heading":"Concurrent and consecutive sentences—offences while","content":"72 Concurrent and consecutive sentences—offences while\nin custody or unlawfully absent\n(1) This section applies if the primary sentence is imposed on the\noffender for any of the following offences:\n(a) an offence committed while the offender was in lawful custody;\n(b) an offence committed while the offender was unlawfully absent\nfrom a correctional centre or other place during the term of the\noffender’s sentence of imprisonment;\n\nPart 5.3 Imprisonment—concurrent and consecutive sentences\n(c) an offence involving an escape from lawful custody.\nExample of unlawful absence for par (b)\nthe offender fails to return to a correctional centre as required after community\nservice work or approved leave\n(2) In the absence of a direction under subsection (3), the primary\nsentence must be served consecutively with the existing sentence of\n(3) The court may direct that the primary sentence be served concurrently\n(or partly concurrently and partly consecutively) with the existing\nsentence.\n(4) Unless the court considers that special circumstances apply, the court\nmust not give a direction under subsection (3) if the primary sentence\nis an offence that involves causing harm, or threatening to cause\nharm, to a corrections officer.\n","sortOrder":109},{"sectionNumber":"73","sectionType":"section","heading":"Concurrent and consecutive sentences—fine default","content":"73 Concurrent and consecutive sentences—fine default\noffences\n(1) This section applies if the primary sentence is imposed in default of\npayment of a fine.\n(2) In the absence of a direction under subsection (3), the primary\nsentence must be served—\n(a) consecutively with an existing sentence in default of payment of\na fine; and\n(b) concurrently with any other existing sentence.\n(3) The court may direct that the primary sentence be served concurrently\nor consecutively (or partly concurrently and partly consecutively)\nwith the existing sentence.\n\nImprisonment—concurrent and consecutive sentences Part 5.3\n","sortOrder":110},{"sectionNumber":"74","sectionType":"section","heading":"Amendment of start of sentences on setting aside or","content":"74 Amendment of start of sentences on setting aside or\namending other sentences\n(1) If a court sets aside or amends a sentence of imprisonment imposed\non the offender (whether on appeal or otherwise), the court may\namend the starting day of any other sentence that has been imposed\non the offender by the court or another court.\n(2) If the offender is subject to 2 or more sentences, this section applies\nto each of them.\n(3) The court may amend the starting day of a sentence under this section\non its own initiative, or the application of a party to the proceeding\non the setting aside or amendment of the other sentence.\n(4) An appeal does not lie only because the starting day of a sentence is\namended under this section.\n(5) The term of a sentence must not be amended under this section.\n","sortOrder":111},{"sectionNumber":"75","sectionType":"section","heading":"Previous sentences to be noted in new sentence","content":"75 Previous sentences to be noted in new sentence\n(1) If the court imposes the primary sentence consecutively (or partly\nconcurrently and partly consecutively) with an existing sentence, the\ncourt must include in the record of the primary sentence details of\neach existing sentence, including—\n(a) the starting day of the existing sentence (or the likely starting\nday of a sentence that has not yet started); and\n(b) the term of the existing sentence.\n(2) Failure to comply with this section does not invalidate the primary\nsentence or the existing sentence.\n\n","sortOrder":112},{"sectionNumber":"76","sectionType":"section","heading":"Application—pt 5.4","content":"76 Application—pt 5.4\nThis part applies if a court is considering whether to make an\nintensive correction order for an offender for an offence.\n","sortOrder":113},{"sectionNumber":"Div 5","sectionType":"division","heading":"4.1 Intensive correction orders—eligibility","content":"Division 5.4.1 Intensive correction orders—eligibility\nand suitability\n","sortOrder":114},{"sectionNumber":"77","sectionType":"section","heading":"Intensive correction orders—eligibility","content":"77 Intensive correction orders—eligibility\n(1) The court must not make an intensive correction order for the\noffender unless satisfied that—\n(a) an intensive correction order is suitable for the offender under\nsection 78; and\n(b) it is appropriate for the offender to serve the sentence by\nintensive correction; and\n(c) the offender has given informed consent to serving the sentence\nby intensive correction.\n(2) An offender gives informed consent for subsection (1) (c) if the\noffender consents after the offender is given—\n(a) a clear explanation of the intensive correction order that contains\nsufficient information to enable the offender to make a balanced\njudgment about whether or not to consent to serve the sentence\nby intensive correction; and\n(b) an opportunity to ask any questions about the order, and those\nquestions have been answered and the offender appears to have\nunderstood the answers.\nNote An intensive correction order may not be made for a young offender (see\ns 11).\n\nIntensive correction orders—eligibility and suitability Division 5.4.1\n","sortOrder":115},{"sectionNumber":"78","sectionType":"section","heading":"Intensive correction orders—suitability","content":"78 Intensive correction orders—suitability\n(1) The court must not make an intensive correction order for the\noffender unless the court has considered—\n(a) a pre-sentence report, if any, prepared for the offender in the\nproceeding and is satisfied, having considered possible\nalternatives, that only a term of imprisonment of not more than\n4 years is appropriate for the offender; and\n(b) an intensive correction assessment for the offender.\nNote The court cannot make an intensive correction order if the court sentences\nthe offender to a term of imprisonment of more than 4 years (see s 11).\n(2) In deciding whether to make an intensive correction order for the\n(4) In considering the intensive correction assessment, the court must\nconsider any indicators of unsuitability mentioned in table 46D,\ncolumn 3 that are stated in the assessment to apply to the offender.\n(5) The court may make, or decline to make, an intensive correction order\nfor the offender despite—\n(a) any recommendation in the intensive correction assessment; or\ncorrection assessment or a corrections officer.\n\nDivision 5.4.1 Intensive correction orders—eligibility and suitability\n(6) The court must record reasons for its decision to make, or decline to\nmake, an intensive correction order for the offender if the intensive\ncorrection assessment recommends that the offender—\n(a) is suitable but the court decides not to make an intensive\ncorrection order for the offender; or\n(b) is not suitable but the court decides to make an intensive\ncorrection order for the offender.\n","sortOrder":116},{"sectionNumber":"80","sectionType":"section","heading":"Intensive correction orders—concurrent and consecutive","content":"80 Intensive correction orders—concurrent and consecutive\nperiods\n(1) A court must not make an intensive correction order with intensive\ncorrection to be served concurrently or consecutively with a sentence\nof full-time imprisonment, a suspended sentence of imprisonment, a\nsentence of default imprisonment or a good behaviour order.\n(2) However, a court may make an intensive correction order with\nintensive correction to be served concurrently with a good behaviour\n(a) an offender is under a good behaviour order but not under a\nsuspended sentence order; and\n(b) the offender is convicted of an offence that was committed\nbefore the offence to which the order relates.\n(3) If subsection (2) applies, the sentencing court may sentence the\noffender to serve a term of imprisonment by intensive correction to\nbe served concurrently with the offender’s good behaviour order.\n(4) A court may also make an intensive correction order if—\n(a) an offender is under a suspended sentence order but not in\nfull-time detention; and\n\nIntensive correction orders—community service conditions Division 5.4.2\n(b) the offender is convicted of an offence that was committed\nbefore the offence to which the order relates.\n(5) If the sentencing court makes an order under subsection (4), the court\nmust cancel the offender’s suspended sentence order and re-sentence\nthe offender to serve a term of imprisonment by intensive correction.\nDivision 5.4.2 Intensive correction orders—\ncommunity service conditions\n","sortOrder":117},{"sectionNumber":"80A","sectionType":"section","heading":"Meaning of community service condition—div 5.4.2","content":"80A Meaning of community service condition—div 5.4.2\nIn this division:\ncommunity service condition, of an intensive correction order for an\noffender, means a condition included in the order that the offender\nperform community service work.\n","sortOrder":118},{"sectionNumber":"80B","sectionType":"section","heading":"Application—div 5.4.2","content":"80B Application—div 5.4.2\nThis division applies if a court is considering whether to include a\ncommunity service condition in an intensive correction order for an\n","sortOrder":119},{"sectionNumber":"80C","sectionType":"section","heading":"Intensive correction orders—community service—","content":"80C Intensive correction orders—community service—\n(1) The court must not include a community service condition in the\nintensive correction order unless satisfied that—\n(a) community service work is suitable for the offender under\nsection 80D; and\n(b) it is appropriate that the offender be required to perform\ncommunity service work.\n\nDivision 5.4.2 Intensive correction orders—community service conditions\n(2) The court may decline to include a community service condition in\nthe intensive correction order if—\n(b) the offender fails to comply with the direction.\n","sortOrder":120},{"sectionNumber":"80D","sectionType":"section","heading":"Intensive correction order—community service—","content":"80D Intensive correction order—community service—\n(1) The court must not include a community service condition in the\nintensive correction order unless an intensive correction assessment\nthat addresses whether a community service condition is suitable for\nthe offender is given to the court.\n(2) In deciding whether to include a community service condition in the\nintensive correction order, the court must consider the following:\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) In considering the intensive correction assessment, the court must\nconsider any of the following indicators of unsuitability that are stated\nin the assessment to apply to the offender:\n(a) any major problem with alcohol or a controlled drug;\n(b) any major psychiatric or psychological disorder;\n(c) any serious criminal record;\n(d) any potential impracticability of regular reporting for\ncommunity service work;\n\nIntensive correction orders—community service conditions Division 5.4.2\n(e) any potential unfitness to perform community service work.\n(5) The court may include, or decline to include, a community service\ncondition in an intensive correction order for the offender despite—\n(a) any recommendation in the intensive correction assessment\nabout the offender’s suitability to serve a sentence (or a part of\na sentence) by performing community service work; or\ncorrection assessment or a corrections officer.\n(6) The court must record reasons for its decision to include, or decline\nto include, a community service condition in the intensive correction\norder if the intensive correction assessment recommends that the\noffender—\n(a) is suitable but the court decides not to include a community\nservice condition; or\n(b) is not suitable but the court decides to include a community\nservice condition.\n","sortOrder":121},{"sectionNumber":"80E","sectionType":"section","heading":"Intensive correction orders—community service—hours","content":"80E Intensive correction orders—community service—hours\nto be performed\nperformed for a community service condition in the intensive\ncorrection order must be at least 20 hours and not more than\n500 hours.\nbe completed under the community service condition must be at\nleast—\n(a) if less than 125 hours work is required—6 months; or\n\nDivision 5.4.3 Intensive correction orders—rehabilitation program conditions\n(b) if 125 or more hours work but less than 250 hours work is\nrequired—12 months; or\n(c) if 250 or more hours work is required—24 months.\n","sortOrder":122},{"sectionNumber":"80F","sectionType":"section","heading":"Intensive correction orders—community service—","content":"80F Intensive correction orders—community service—\ncommunity service condition under an intensive correction order or a\ngood behaviour order (an existing order).\n(2) If the court makes a further intensive correction order that includes a\ncommunity service condition (a new order), the court may direct that\nthe hours of community service work to be performed by the offender\nunder the new order run concurrently or consecutively, or partly\nconcurrently and partly consecutively, with the hours of community\nservice work remaining to be performed under the existing order.\n(3) However, the total of the hours to be performed under the new order\nand those remaining to be performed under the existing order must\nnot be more than 500.\nDivision 5.4.3 Intensive correction orders—\nrehabilitation program conditions\n","sortOrder":123},{"sectionNumber":"80G","sectionType":"section","heading":"Definitions—div 5.4.3","content":"80G Definitions—div 5.4.3\nIn this division:\nrehabilitation program, for an intensive correction order, means a\nprogram prescribed by regulation for the rehabilitation of offenders.\nrehabilitation program condition, of an intensive correction order for\nan offender, means a condition included in the order that the offender\nundertake a rehabilitation program.\n\nIntensive correction orders—rehabilitation program conditions Division 5.4.3\n","sortOrder":124},{"sectionNumber":"80H","sectionType":"section","heading":"Application—div 5.4.3","content":"80H Application—div 5.4.3\nThis division applies if a court is considering whether to include a\nrehabilitation program condition in an intensive correction order for\nan offender.\n","sortOrder":125},{"sectionNumber":"80I","sectionType":"section","heading":"Intensive correction orders—rehabilitation programs—","content":"80I Intensive correction orders—rehabilitation programs—\nintensive correction order unless satisfied that—\n(a) a rehabilitation program of a particular kind is suitable for the\n(b) it is appropriate that the offender undertake a rehabilitation\nprogram of that kind; and\n(c) a place for the offender in a program of that kind is available or\nwill become available within a reasonable time.\n(2) The court may decline to include a rehabilitation program condition\nin the intensive correction order if—\n(a) the court directs the offender to undergo a medical examination\nby a doctor; and\n","sortOrder":126},{"sectionNumber":"80J","sectionType":"section","heading":"Intensive correction orders—rehabilitation programs—","content":"80J Intensive correction orders—rehabilitation programs—\nintensive correction order unless—\n(a) an intensive correction assessment that addresses whether a\nrehabilitation program condition is suitable for the offender is\ngiven to the court; or\n\nDivision 5.4.3 Intensive correction orders—rehabilitation program conditions\n(b) there is some other information (relevant sentencing\ninformation) before the court about the nature of the program\nand its suitability for the offender that justifies including the\ncondition in the intensive correction order.\nNote For an example of relevant sentencing information, see s 97 (1) (b)\n(Good behaviour orders—rehabilitation programs—suitability).\n(2) In deciding whether to include a rehabilitation program condition in\nthe intensive correction order, the court must consider the following:\n(4) The court may include, or decline to include, a rehabilitation program\ncondition in the intensive correction order despite—\n(a) any recommendation in the intensive correction assessment\nabout the offender’s suitability to serve a sentence (or part of a\nsentence) by taking part in a rehabilitation program; or\ncorrection assessment for the offender or who gave relevant\n(c) any evidence given by a corrections officer.\n(5) The court must record reasons for its decisions to include, or decline\nto include, a rehabilitation program condition in the intensive\ncorrection order if the intensive correction assessment recommends\nthat the offender—\n(a) is suitable but the court decides not to include a rehabilitation\nprogram condition; or\n\nIntensive correction orders—rehabilitation program conditions Division 5.4.3\n(b) is not suitable but the court decides to include a rehabilitation\nprogram condition.\n","sortOrder":127},{"sectionNumber":"80K","sectionType":"section","heading":"Intensive correction orders—rehabilitation programs—","content":"80K Intensive correction orders—rehabilitation programs—\nmaximum period\nA rehabilitation program condition included in the intensive\ncorrection order must not require the offender to take part in a\nrehabilitation program for longer than 2 years.\n","sortOrder":128},{"sectionNumber":"80L","sectionType":"section","heading":"Intensive correction orders—rehabilitation programs—","content":"80L Intensive correction orders—rehabilitation programs—\nrehabilitation condition under an intensive correction order or a good\nbehaviour order (an existing order).\n(2) If the court makes a further intensive correction order that includes a\nrehabilitation program condition (a new order), the court may direct\nthat the new order operate concurrently or consecutively, or partly\nconcurrently and partly consecutively, with the existing order.\n(3) However, the new order must not be stated to end later than 2 years\nafter the day the new order is made, irrespective of when the order is\nto take effect.\n\nPart 5.4A Drug and alcohol treatment\n","sortOrder":129},{"sectionNumber":"80M","sectionType":"section","heading":"Definitions—pt 5.4A","content":"80M Definitions—pt 5.4A\ncore conditions, of a treatment order—see section 80Y.\nmember means—\n(a) in relation to the treatment and supervision team—an entity\nincluded in the team; and\n(b) in relation to the treatment order team—an entity included in the\nteam.\ntreatment and supervision team means the following entities:\n(b) the health director-general;\n(c) the director-general responsible for this Act;\n(d) an entity prescribed by regulation.\ntreatment order obligations, of an offender subject to a treatment\norder—see section 80P.\ntreatment order team means the following entities:\n(b) the director-general;\n(c) the health director-general;\n(d) the director of public prosecutions;\n(e) the legal aid commission;\n\nPreliminary Division 5.4A.1\n(f) the chief police officer;\n(g) an entity the court considers necessary to include in the team for\na particular treatment order;\n(h) an entity prescribed by regulation.\nExamples of entity for par (g)\n1 the director-general responsible for the Housing Assistance Act 2007\n2 an Aboriginal and Torres Strait Islander representative\n3 an entity that administers or provides services in relation to drug and\nalcohol treatment assessments or treatment orders\n4 if the offender subject to a treatment order is legally represented other\nthan as a result of a grant of legal aid—the lawyer representing the\noffender\ntreatment program conditions, of a treatment order—see\nsection 80Z.\n","sortOrder":130},{"sectionNumber":"80N","sectionType":"section","heading":"Application—pt 5.4A","content":"80N Application—pt 5.4A\nThis part applies if the court is considering making, or makes, a\ntreatment order for an offender.\n","sortOrder":131},{"sectionNumber":"80O","sectionType":"section","heading":"Objects of drug and alcohol treatment orders","content":"80O Objects of drug and alcohol treatment orders\nThe objects of making a treatment order in relation to an offender is\nto—\n(a) facilitate the rehabilitation of the offender by providing a\njudicially supervised, therapeutically oriented and integrated\ntreatment regime; and\n(b) reduce the offender’s dependency on alcohol or a controlled\ndrug; and\n(c) reduce the health risks associated with the offender’s\ndependency on alcohol or controlled drugs; and\n(d) assist with the offender’s integration into the community; and\n\nDivision 5.4A.2 Drug and alcohol treatment orders—general\n(e) promote community safety by reducing the level of criminal\nactivity caused by alcohol or controlled drug dependence in\nDivision 5.4A.2 Drug and alcohol treatment orders—\ngeneral\n","sortOrder":132},{"sectionNumber":"80P","sectionType":"section","heading":"Drug and alcohol treatment orders—offender obligations","content":"80P Drug and alcohol treatment orders—offender obligations\nThe obligations of an offender subject to a treatment order (the\ntreatment order obligations) are to comply with—\n(a) the core conditions and treatment program conditions of the\norder; and\n(b) an obligation created by any other order made by the court in\nrelation to the treatment order.\n","sortOrder":133},{"sectionNumber":"80Q","sectionType":"section","heading":"Court may make ancillary orders to achieve object of","content":"80Q Court may make ancillary orders to achieve object of\ntreatment order\n(1) The court may make any order that is not inconsistent with this Act\nor the Crimes (Sentence Administration) Act 2005, that the court\nconsiders appropriate to achieve the object of a treatment order.\n(2) Without limiting subsection (1), the court may make an order—\n(a) rewarding the offender in 1 or more of the following ways:\n(i) decreasing how often the offender must undergo\ncounselling, treatment or other supervision under the\n(ii) decreasing how often the offender must be tested for\nalcohol or drugs under the treatment order;\n(iii) another way prescribed by regulation; or\n\nDrug and alcohol treatment orders—eligibility and suitability Division 5.4A.3\n(b) sanctioning the offender in 1 or more of the following ways:\n(i) increasing how often the offender must undergo\ncounselling, treatment or other supervision under the\n(ii) increasing how often the offender must be tested for\nalcohol or drugs under the treatment order;\n(iii) another way prescribed by regulation.\nDivision 5.4A.3 Drug and alcohol treatment orders—\neligibility and suitability\n","sortOrder":134},{"sectionNumber":"80R","sectionType":"section","heading":"Application—div 5.4A.3","content":"80R Application—div 5.4A.3\nThis division applies if the court is considering whether to make a\ntreatment order when sentencing an offender for an offence.\n","sortOrder":135},{"sectionNumber":"80S","sectionType":"section","heading":"Drug and alcohol treatment orders—eligibility","content":"80S Drug and alcohol treatment orders—eligibility\nThe court must not make a treatment order for an offender unless\nsatisfied that—\n(a) a treatment order is suitable for the offender under section 80T;\nand\n(b) it is appropriate for the offender to serve a sentence suspended\nin accordance with a treatment order; and\n(c) appropriate arrangements for the administration of a treatment\norder are practicable.\nNote A treatment order may not be made for a young offender (see s 8 and\ns 12A).\n\nDivision 5.4A.3 Drug and alcohol treatment orders—eligibility and suitability\n","sortOrder":136},{"sectionNumber":"80T","sectionType":"section","heading":"Drug and alcohol treatment orders—suitability","content":"80T Drug and alcohol treatment orders—suitability\n(1) The court must not make a treatment order for an offender unless the\ncourt has considered—\n(a) a pre-sentence report, if any, prepared for the offender in the\nproceeding; and\n(b) a drug and alcohol treatment assessment for the offender.\n(2) In deciding whether to make a treatment order for the offender, the\ncourt must consider the following:\n(a) any recommendations in the drug and alcohol treatment\nassessment;\n(c) any evidence given by an assessor who prepared the drug and\nalcohol treatment assessment;\n(d) any evidence given, or submission made, by a member of the\ntreatment order team about the offender.\n(4) In considering the drug and alcohol treatment assessment, the court\nmust consider any indicators of unsuitability mentioned in table 46K,\ncolumn 3 that are stated in the assessment to apply to the offender.\n(5) The court may make, or decline to make, a treatment order for the\noffender despite—\n(a) any recommendation in the drug and alcohol treatment\nassessment; or\n(b) any evidence given by the person who prepared the drug and\nalcohol treatment assessment; or\n(c) any evidence given, or submission made, by a member of the\ntreatment order team.\n\nDrug and alcohol treatment orders—eligibility and suitability Division 5.4A.3\n(6) The court must record reasons for its decision to make, or decline to\nmake, a treatment order for the offender if the drug and alcohol\ntreatment assessment recommends that the offender—\n(a) is suitable but the court decides not to make a treatment order\nfor the offender; or\n(b) is not suitable but the court decides to make a treatment order\nfor the offender.\n","sortOrder":137},{"sectionNumber":"80U","sectionType":"section","heading":"Court may remit proceeding","content":"80U Court may remit proceeding\n(a) the court declines to make a treatment order for a particular\n(b) the offence for which the offender is to be sentenced could have\nbeen dealt with summarily by the Magistrates Court; and\n(c) the offender was committed to the court only because the\noffender refused consent to the offence being dealt with\nsummarily by the Magistrates Court.\n(2) The offender or the director of public prosecutions may apply to the\ncourt for an order to remit the proceeding for the offence to the\nMagistrates Court.\n(3) The court must make the order if it is satisfied that the offender\nrefused consent to the offence being dealt with summarily for the\npurpose of seeking assessment for a treatment order.\n(4) The court may otherwise make the order if it is satisfied the order is\nin the interests of justice.\n\nDivision 5.4A.4 Drug and alcohol treatment orders—content\n(5) If the court makes an order under this section, the court must, as soon\n(6) Failure to comply with subsection (5) does not invalidate the order.\nDivision 5.4A.4 Drug and alcohol treatment orders—\ncontent\n","sortOrder":138},{"sectionNumber":"80V","sectionType":"section","heading":"Content of treatment orders","content":"80V Content of treatment orders\nA treatment order must—\n(a) state the offence to which the order relates; and\n(b) record the offender’s conviction for the offence; and\n(c) state the total period for which the order is in force; and\n(d) include—\n(i) a custodial part; and\n(ii) a treatment and supervision part; and\n(e) require the offender to sign an undertaking to comply with the\norder and any other obligations under the Crimes (Sentence\nAdministration) Act 2005 for the period the order is in force.\nNote Words in the singular number include the plural (see Legislation Act,\ns 145 (b)).\n\nDrug and alcohol treatment orders—custodial part Division 5.4A.5\nDivision 5.4A.5 Drug and alcohol treatment orders—\ncustodial part\n","sortOrder":139},{"sectionNumber":"80W","sectionType":"section","heading":"Custodial part of treatment orders","content":"80W Custodial part of treatment orders\n(1) A treatment order must include a part (the custodial part) that—\n(a) imposes a sentence of imprisonment of a term mentioned in\nsection 12A (1) (b); and\n(b) suspends the sentence of imprisonment as mentioned in\nsection 12A (3), unless the court under this part either\nprovisionally cancels the suspension or cancels the treatment\n(2) Despite section 65 (Nonparole periods—court to set), the court must\nnot set a nonparole period for a sentence of imprisonment imposed on\nan offender under the custodial part of the treatment order.\n(3) A sentence of imprisonment suspended under the custodial part is to\nbe served by full-time detention at a correctional centre only if the\ncourt makes an order under this part cancelling the treatment order\nand imposing the sentence of imprisonment.\nNote The court may cancel a treatment order and sentence an offender to\nfull-time detention or decide to resentence an offender to a different\nsentence including full-time detention (see s 80ZB, s 80ZD and s 80ZE).\n(4) If the court makes an order under this part cancelling the treatment\norder and imposing a sentence of imprisonment, the court—\n(a) must state when the period of full-time detention starts and ends;\nand\n(b) despite section 65, may set a nonparole period for the period of\nfull-time detention if the period of full-time detention is more\nthan 30 days.\n\nDivision 5.4A.6 Drug and alcohol treatment orders—treatment and supervision part\n(5) Part 5.2 (Imprisonment—nonparole periods) applies to a nonparole\nperiod set under paragraph (4) (b) as if the nonparole period had been\nset under that part.\nNote Pt 5.2 deals with setting and review of nonparole periods.\nDivision 5.4A.6 Drug and alcohol treatment orders—\ntreatment and supervision part\n","sortOrder":140},{"sectionNumber":"80X","sectionType":"section","heading":"Treatment and supervision part of treatment orders","content":"80X Treatment and supervision part of treatment orders\n(1) A treatment order must include a part (the treatment and supervision\npart) that imposes the order’s—\n(a) core conditions; and\n(b) treatment program conditions.\n(2) The treatment and supervision part of a treatment order is in force for\nthe period that—\n(a) starts when the treatment order is made; and\n(b) ends—\n(i) on a day stated by the court; or\n(ii) if the court earlier cancels the order, or the treatment and\nsupervision part of the order—on the day of cancellation.\n(3) However, the treatment and supervision part of a treatment order must\nnot end later than the day the custodial part of the order ends.\n\nDrug and alcohol treatment orders—treatment and supervision part Division 5.4A.6\n","sortOrder":141},{"sectionNumber":"80Y","sectionType":"section","heading":"Core conditions","content":"80Y Core conditions\n(1) The core conditions, of a treatment order, while the treatment and\nsupervision part of the order is in force, are that an offender subject\nto the order—\n(a) must not commit another offence against a law in force in\n(b) if the offender is charged with an offence against a law in force\nin Australia or elsewhere—must tell the responsible\ndirector-general about the charge as soon as possible, but within\n2 days after the day the offender becomes aware of the charge;\nand\n(c) must report to a member of the treatment and supervision team\nfor the treatment order at the places and times directed by a\nmember of the team; and\n(d) must receive visits from a member of the treatment and\nsupervision team for the treatment order at the times directed by\na member of the team; and\n(e) must submit to alcohol and drug testing under the Corrections\nManagement Act 2007 when directed by a member of the\ntreatment and supervision team for the treatment order; and\n(f) if the offender’s contact details change—must tell the\nresponsible director-general about the change as soon as\npossible, but not later than 1 day after the day the offender\nbecomes aware of the change of details; and\n(g) must not—\n(i) leave or stay outside the ACT without the permission of the\ncourt for a continuous period of more than 24 hours; and\n(ii) if the court grants the offender permission to leave or stay\noutside the ACT—fail to comply with any condition of the\ncourt’s permission; and\n\nDivision 5.4A.6 Drug and alcohol treatment orders—treatment and supervision part\n(h) must—\n(i) appear before the court at the times directed by the court;\nand\n(ii) comply with the directions of the court; and\n(i) must comply with any other reasonable direction of—\n(i) a member of the treatment and supervision team for the\norder; or\n(ii) a person prescribed by regulation.\n(2) The court must not amend a condition mentioned in subsection (1).\ncontact details, of an offender, means the offender’s—\n(a) home address or phone number; and\n(b) work address or phone number; and\n(c) mobile phone number.\nresponsible director-general means 1 or both of the following:\n(a) the health director-general;\n(b) the director-general responsible for this Act.\n","sortOrder":142},{"sectionNumber":"80Z","sectionType":"section","heading":"Treatment program conditions","content":"80Z Treatment program conditions\n(1) The treatment program conditions of a treatment order, while the\ntreatment and supervision part of the order is in force, are that an\noffender subject to the order—\n(a) must complete a program of treatment in relation to the alcohol\nor drug dependency of the offender (a treatment program); and\n(b) must comply with any other condition imposed by the court as\nnecessary to achieve the purpose of the treatment program.\n\nDrug and alcohol treatment orders—treatment and supervision part Division 5.4A.6\n(2) Without limiting subsection (1) (b), the court may impose 1 or more\nof the following conditions, requiring the offender to:\n(a) submit to medical, psychiatric or psychological treatment that is\nrelevant to the offender’s alcohol or drug dependency;\n(b) submit to detoxification at a stated facility that is not a\ncorrectional centre;\n(c) participate in counselling or programs for treatment relevant\nto—\n(i) the offender’s alcohol or drug dependency; or\n(ii) the offending behaviour of the offender;\n(d) attend meetings with a stated person or class of person for the\n(e) participate in vocational, educational or employment programs\nor courses;\n(f) not return a positive test sample for alcohol or a drug;\n(g) wear a device that detects alcohol or drug usage by the offender;\n(h) install a device or equipment at the offender’s home address;\n(i) live at a stated place for a stated period.\npositive, for a test sample—see the Corrections Management\nAct 2007, dictionary.\n\n80ZA Good behaviour order to apply after treatment and\nsupervision part ends\nIf the treatment and supervision part of a treatment order ends before\nthe end of the sentence of imprisonment suspended under the\ncustodial part, the court must make a good behaviour order that—\n(a) begins on the day after the treatment and supervision part ends;\nand\n(b) ends on the day the custodial part ends.\nDivision 5.4A.7 Drug and alcohol treatment orders—\nbreaches etc\n80ZB Breach of treatment order—other than commission of\n(1) If the court is satisfied on the balance of probabilities that an offender\nsubject to a treatment order has breached a condition of the treatment\norder, other than by the commission of an offence, the court must\nmake 1 or more of the following orders:\n(a) an order confirming the treatment and supervision part of the\norder with no further action to be taken on the breach;\n(b) an order giving the offender a warning about the need to comply\nwith the offender’s treatment order obligations;\n(c) an order amending the treatment and supervision part in\naccordance with subsection (2);\n(d) an order requiring the offender to comply with 1 or more of the\nfollowing conditions:\n(i) stay at a stated place, other than a correctional centre, for a\nstated period of up to 14 days;\n(ii) stay at the stated place between stated hours for a stated\nperiod;\n\n(iii) surrender a firearm in the offender’s possession or control;\n(iv) not acquire a firearm;\n(v) not consume alcohol or take drugs;\n(vi) not drive a motor vehicle under particular circumstances,\nor at all;\n(vii) undergo an assessment for admission to a residential\nrehabilitation program and, if found suitable, participate in\nthe program;\n(viii) any other condition, not inconsistent with this Act or the\nCrimes (Sentence Administration) Act 2005, that the court\nconsiders appropriate;\n(e) an order provisionally cancelling the suspension of the sentence\nof imprisonment under the custodial part, for a period of at least\n3 days but not more than 14 days, and reinstating the suspension\nat the end of the period;\n(f) an order cancelling the treatment order and imposing, in full or\nin part, the sentence of imprisonment that was suspended under\nthe custodial part of the treatment order;\n(g) an order cancelling the treatment order and resentencing the\noffender for each offence in relation to which the treatment order\nwas made in any way in which the court could deal with the\noffender if, at the time of resentencing, it had convicted the\noffender of each offence, other than by making an order under\nsection 12A (Drug and alcohol treatment orders).\n(2) The treatment and supervision part of the order may be amended by\nadding, modifying or removing treatment program conditions.\nExamples—treatment program condition\n1 frequency of treatment\n2 degree of supervision\n3 frequency of drug and alcohol testing\n\n(3) The court may make an order under subsection (1) (e) for longer than\n14 days if satisfied that treatment appropriate to achieve the objects\nof the treatment order will only become available to the offender at\nthe end of the longer period.\n(4) If the court is satisfied on the balance of probabilities that an offender\nwho is subject to a condition of an order made under subsection (1)\n(d) has breached the condition, the court must—\n(a) confirm or amend the order; or\n(b) cancel the order and make another order under subsection (1).\n(5) The court may make an order under this section on its own initiative\n(6) If the court makes an order under this section, the court must, as soon\nfirearm—see the Firearms Act 1996, section 6.\nmotor vehicle—see the Road Transport (General) Act 1999,\ndictionary.\n\n80ZBA Breach of treatment order—other than commission of\noffence—Magistrates Court may make temporary order\n(1) This section applies in relation to an offender subject to a treatment\n(a) the offender has been arrested for breaching the treatment order\nobligations; and\nNote The offender may be arrested under a warrant (see s 80ZJ) or\nwithout a warrant (see s 80ZK).\n(b) the offender has not been brought before the Supreme Court in\nrelation to the arrest; and\n(c) the earliest practicable time the offender can be brought before\nthe Supreme Court—\n(i) is not a day on which the Supreme Court is sitting; and\n(ii) is a day on which a magistrate is sitting in relation to\nanother proceeding before the Magistrates Court.\n(2) If the Magistrates Court is satisfied on the balance of probabilities\nthat the offender has breached a condition of the treatment order,\nother than by the commission of an offence, the Magistrates Court\nmay make 1 or more of the following orders:\n(a) an order giving the offender a warning about the need to comply\nwith the offender’s treatment order obligations;\n(b) an order requiring the offender to comply with 1 or more of the\nconditions mentioned in section 80ZB (1) (d), as additional\nconditions to those imposed by the Supreme Court;\n(c) if the next day on which the Supreme Court is sitting is not more\nthan 14 days after the day the Magistrates Court makes the\norder—an order temporarily cancelling the suspension of the\nsentence of imprisonment under the custodial part until the next\nday on which the Supreme Court is sitting.\n\n(3) If the Magistrates Court makes an order under subsection (2) (c), the\norder must state the next day on which the Supreme Court is sitting.\n(4) The Magistrates Court may make an order under this section on its\nown initiative or on application by—\n(5) If the Magistrates Court makes an order under this section, the\nMagistrates Court must, as soon as practicable after the order is made,\nensure that written notice of the order, together with a copy of the\norder, is given to—\n(b) each member of the treatment order team; and\n(c) any other person who the Magistrates Court considers should\nreceive the notice.\n(6) Failure to comply with subsection (3) or (5) does not invalidate the\n(7) If the Magistrates Court makes an order under subsection (2), the\nSupreme Court on the next day on which it is sitting—\n(a) must review the order; and\n(b) for an order made under subsection (2) (a) or (b)—must confirm,\namend or revoke the order.\n(8) Nothing in this section prevents the Supreme Court—\n(a) making an order under section 80ZB in relation to the offender’s\nbreach of the condition of their treatment order; or\n(b) reviewing the offender’s treatment order under section 80ZH.\n\n80ZC Provisional breach of treatment order—offender in\ncustody\n(1) This section applies if the court is satisfied that an offender to whom\na treatment order applies—\n(a) has been charged with an offence against a law in force in\n(b) is in custody waiting for criminal proceedings for the offence to\nbe decided.\n(2) The court must make an order provisionally suspending the treatment\nand supervision part of the order until—\n(a) the offender is no longer in custody for the offence; or\n(b) the court makes an order under this division cancelling the\n(3) Time served by the offender on remand for the offence counts toward\nthe sentence imposed under the custodial part of the treatment order.\nNote The court may review a treatment order at any time and for any reason if\nit is in the interests of justice (see s 80ZH).\nin custody means—\n(a) remanded in custody under a law in force in Australia or\nelsewhere; or\n(b) detained at a place under the Mental Health Act 2015, or a\ncorresponding law in force in Australia or elsewhere.\n80ZD Breach of treatment order—commission of offence\n(a) an offender to whom a treatment order applies commits an\noffence against a law in force in Australia or elsewhere\n(a further offence) while subject to the order; and\n\n(b) the further offence is punishable by imprisonment; and\n(c) the court—\n(i) convicts the offender of the further offence; or\n(ii) is satisfied that the offender was convicted by another\ncourt, in the ACT or elsewhere, of the further offence.\n(2) If the offender is not subject to a sentencing order for the further\noffence, the court may—\n(a) make no order in relation to the treatment order; or\n(b) give the offender a warning about the need to comply with the\noffender’s treatment order obligations; or\n(c) make an order amending the treatment and supervision part of\nthe order; or\n(d) make an order cancelling the treatment order.\n(3) If the offender is subject to a sentencing order for the further offence,\nthe court must make an order cancelling the treatment order.\nNote A sentence of imprisonment suspended under a treatment order is not part\nof a suspended sentence order (see s 12 (7)).\n(4) If the court cancels a treatment order under subsection (2) (d) or (3),\nthe court must either—\n(a) impose the sentence of imprisonment that was suspended under\nthe custodial part of the treatment order; or\n(b) if the court considers it appropriate in the circumstances—\nresentence the offender for each offence in relation to which the\ntreatment order was made and in any way in which the court\ncould deal with the offender if it had convicted the offender of\neach offence at the time of resentencing, other than by making\nan order under section 12A (Drug and alcohol treatment orders).\n\n(5) If the court orders the imposition of a sentence of imprisonment under\nthis section, the court—\n(a) must order that the offender serve all or part of the sentence by\nfull-time detention at a correctional centre; and\n(b) may reduce the sentence by any period served in custody under\nthe treatment and supervision part of the treatment order, taking\ninto account the extent to which the offender complied with that\npart of the order.\n(6) The court may make an order under this section on its own initiative\n(7) If the court makes an order under this section, the court must, as soon\n(b) any other person the court considers should receive the notice.\n(8) Failure to comply with subsection (7) does not invalidate the\nsentencing order—see section 12A (9).\n\n80ZE Cancellation of treatment order—unsatisfactory\ncircumstances\n(1) The court may cancel a treatment order if it is satisfied on the balance\nof probabilities that—\n(a) before the order was made, inaccurate or misleading information\nabout the offender or the offender’s circumstances was given to\nthe court or an assessor who prepared a drug and alcohol\ntreatment assessment in relation to the offender, and as a result\nof the information, the making of the order was inappropriate;\nor\n(b) the offender will not be able to comply with a condition of the\noffender’s treatment order because the circumstances of the\noffender have materially changed since the order was made; or\n(c) the offender is unwilling or unlikely to comply with a condition\nof the offender’s treatment order; or\n(d) the continuation of the treatment and supervision part of the\norder is not likely to achieve the objects of the order; or\n(e) the offender withdraws the offender’s consent to the treatment\norder; or\n(f) the offender poses an unacceptable risk to the safety or welfare\nof a person.\n(2) If the court decides to cancel a treatment order under subsection (1)\nthe court must make an order cancelling the treatment order and,\ntaking into account the extent to which the offender has complied\nwith the treatment and supervision part of the order, either—\n(a) impose the sentence of imprisonment that was suspended under\nthe custodial part of the treatment order; or\n\n(b) if the court considers it appropriate in the circumstances—\nresentence the offender for each offence in relation to which the\ntreatment order was made and in any way in which the court\ncould deal with the offender if it had convicted the offender of\neach offence at the time of resentencing, other than by making\nan order under section 12A (Drug and alcohol treatment orders).\n(3) If the court orders the imposition of a sentence of imprisonment under\nthis section, the court—\n(a) must order whether the offender is to serve all or part of the\nsentence by full-time detention at a correctional centre; and\n(b) may reduce the sentence by any period served in custody under\nthe treatment and supervision part of the treatment order, taking\ninto account the extent to which the offender complied with that\npart of the order.\n(4) The court may make an order under this section on its own initiative\n(5) This section applies in addition to section 80ZB and section 80ZD.\n(6) If the court makes an order under this section, the court must, as soon\n(b) any other person the court considers should receive the notice.\n(7) Failure to comply with subsection (6) does not invalidate the order.\n\n80ZF Cancellation of treatment order—satisfactory\ncircumstances\n(1) The court may, on its own initiative, make an order cancelling the\ntreatment and supervision part of a treatment order if it is satisfied on\nthe balance of probabilities that—\n(a) the offender has fully or substantially complied with the\nconditions of the offender’s treatment order; and\n(b) the continuation of the treatment order is no longer necessary to\nachieve the objects of the order.\n(2) To avoid doubt, a treatment order that is only made up of a custodial\npart because of an order of the court under subsection (1) is taken to\nbe a treatment order for this part.\n(3) If the court makes an order under this section, the court must, as soon\norder, together with a copy of the order, is given to the offender.\n(4) Failure to comply with subsection (3) does not invalidate the order.\nNote The court must make a good behaviour order in relation to an offender\nwho is the subject of a treatment order if the treatment and supervision\npart of the order ends before the sentence of imprisonment suspended\nunder the custodial part of the order (see s 80ZA).\nDivision 5.4A.8 Drug and alcohol treatment orders—\nreview by court\n80ZG Application—pt 5.4A.8\nThis division applies to the review of a treatment order.\n\nDrug and alcohol treatment orders—review by court Division 5.4A.8\n80ZH Drug and alcohol treatment orders—review\n(1) The court may review a treatment order for an offender at any time\nand for any reason if it is satisfied the review is in the interests of\njustice.\n(2) The court may review a treatment order—\n(i) the defence; or\n(ii) any other member of the treatment order team.\n(3) The court may carry out a review under this division in any way it\n(4) However, the court must conduct a hearing for a review in which the\ncourt is considering making an order under—\n(a) section 80ZB (1) (e) provisionally cancelling the suspension of\na sentence under a treatment order; or\n(b) section 80ZB (1) (f), section 80ZD (4) (a) or\nsection 80ZE (2) (a) cancelling the treatment order; or\n(c) section 80ZB (1) (g), section 80ZD (4) (b) or\nsection 80ZE (2) (b) cancelling the treatment order and\nresentencing the offender.\n(5) An entity mentioned in subsection (2) (b) may appear at a hearing of\nthe review.\n(6) The court may, on the review, confirm or amend the order as the court\n\n(7) If the court amends the order, the court must, as soon as practicable,\nensure that written notice of the review decision, together with a copy\nof the amended treatment order is given to—\n(8) Failure to comply with subsection (7) does not invalidate the order as\n80ZI Drug and alcohol treatment orders—notice of review\n(1) The court must, as far as practicable, give written notice of a proposed\nreview of the offender’s treatment order to the defence and the other\nmembers of the treatment order team.\n(b) if a hearing for the review is to be conducted—the time and\nplace for the review.\n(3) Failure to comply with this section does not invalidate the review.\n\nDrug and alcohol treatment orders—miscellaneous Division 5.4A.9\nDivision 5.4A.9 Drug and alcohol treatment orders—\nmiscellaneous\n80ZJ Arrest warrant—breach of treatment order obligations\n(1) A judge may issue an arrest warrant if satisfied, by information on\noath, that an offender subject to a treatment order has failed to\ncomply, or will fail to comply, with the offender’s treatment order\nobligations.\n(a) be in writing signed by the judge; and\n(d) order the offender’s arrest and bringing the offender before the\n(3) A police officer who arrests the offender under the warrant must, as\nsoon as practicable, bring the offender before the court.\n80ZK Arrest without warrant—breach of treatment order\n(1) This section applies if a police officer believes, on reasonable\ngrounds, that—\n(a) an offender has failed to comply, or will fail to comply, with any\nof the offender’s treatment order obligations; and\n(b) it is not practicable under the circumstances for the officer to\nobtain a warrant under section 80ZJ.\n(2) The police officer may arrest the offender without a warrant.\n(3) If the police officer arrests the offender, the police officer must, as\nsoon as practicable, bring the offender before the court.\n\n80ZL Drug and alcohol treatment orders—outstanding\nwarrants\n(1) This section applies if a warrant is issued for an offender’s arrest\nunder this division.\n(2) Any period for which the warrant is outstanding and the offender is\nnot in custody does not count toward the sentence imposed under the\ncustodial part of the order.\nin custody means—\n(a) remanded in custody under a law in force in Australia or\nelsewhere; or\n(b) detained at a place under the Mental Health Act 2015, or a\ncorresponding law in force in Australia or elsewhere.\n80ZM Immunity from criminal liability\n(1) An offender’s admission of guilt in relation to a relevant drug offence\nis not admissible in evidence in a proceeding in relation to that\noffence if the admission was made during—\n(a) the preparation of a drug and alcohol treatment assessment of\nthe offender; or\n(b) administering a treatment order for the offender.\n(2) The admission, and any evidence obtained as a result of the\nadmission, is not admissible in a criminal proceeding against the\noffender for the relevant drug offence.\n(3) However, subsections (1) and (2) do not prevent a criminal\nproceeding against the offender for the relevant drug offence if\nevidence of the offence exists in a form other than the admission made\nby the offender or the evidence obtained as a result of the admission.\n\nDrug and alcohol treatment orders—miscellaneous Division 5.4A.9\nrelevant drug offence means the following:\n(a) an offence against the Criminal Code, section 618;\n(b) an offence against the Drugs of Dependence Act 1989,\nsection 162, section 164, section 169 or section 171;\n(c) an offence against the Medicines, Poisons and Therapeutic\nGoods Act 2008, section 26 (2), section 34 (1) or (2),\nsection 37 (2) or section 43 (3);\n(d) an offence prescribed by regulation.\n80ZN No appeal against particular decisions\n(1) No appeal may be made against a decision of the court—\n(a) not to order a drug and alcohol treatment assessment; or\n(b) not to make a treatment order; or\n(c) that an offender breached a condition of a treatment order; or\n(d) to amend the treatment and supervision part of a treatment order.\n(2) Subsection (1) applies despite any other territory law.\n80ZO Evidentiary certificates\n(1) A certificate that appears to be signed by or for any of the following\nand which states any matter relevant to anything done or not done\nunder this part in relation to a person, is evidence of the matter:\n(a) the director-general;\n(b) the health director-general;\n(c) the director-general responsible for the Corrections\nManagement Act 2007;\n(d) an analyst.\n\n(2) The court must accept a certificate mentioned in subsection (1) as\nproof of the matters stated in it if there is no evidence to the contrary.\n(3) The director-general may appoint analysts for this part.\nNote For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\n(4) An appointment under subsection (3) is a notifiable instrument.\nanalyst means a person who is appointed as an analyst under\nsubsection (3).\n80ZP Information exchanges—treatment order team\n(1) This section applies to personal information about an offender held\nby a member of the treatment order team that was obtained as a result\nof a drug and alcohol treatment assessment, or the administration or\nmaking of a treatment order for the offender.\n(2) A member of the treatment order team may give the information to\nanother member of the treatment order team for the purposes of the\nother member.\ninformation to be given by, or to, a member of the treatment order\nteam.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\npersonal information, about an offender, means any information or\nopinion relating to the offender, whether true or not, and whether\nrecorded in a document or not.\n\nPart 5.5 Imprisonment—explanation and\ninformation\n","sortOrder":143},{"sectionNumber":"81","sectionType":"section","heading":"Application—pt 5.5","content":"81 Application—pt 5.5\nThis part applies if—\n(a) an offender is convicted of an offence; and\n(b) a court sentences the offender to imprisonment for the offence;\nand\n(c) the sentence of imprisonment is not—\n(i) fully suspended; or\n(ii) suspended under the custodial part of a drug and alcohol\n","sortOrder":144},{"sectionNumber":"82","sectionType":"section","heading":"Imprisonment—explanation to offender","content":"82 Imprisonment—explanation to offender\n(1) The court must ensure that reasonable steps are taken to explain to the\noffender (and in language the offender can readily understand)—\n(a) the reason why the sentence of imprisonment is imposed, and\nwhy no penalty other than imprisonment is appropriate; and\n(b) the purpose of the sentence; and\n(c) if the offender is to serve all or part of the sentence by full-time\ndetention at a correctional centre or detention place—in general\nterms, the offender’s obligations as a full-time detainee under\nthe Crimes (Sentence Administration) Act 2005 and the\nconsequences if the offender breaches the obligations; and\n\n(d) if the court makes an intensive correction order—in general\nterms, the offender’s obligations under the Crimes (Sentence\nAdministration) Act 2005 and the consequences if the offender\nbreaches the obligations; and\n(e) the day when the sentence starts or is taken to have started; and\nNote For examples of the operation of this paragraph, see the end of this\nsubsection.\n(f) if a suspended sentence order is made for the offender\nsuspending the sentence in part—in general terms, the effect of\nthe suspension of the sentence; and\nNote Explanations for the offender and any surety of the effect of\nentering into a good behaviour order are required under pt 6.3.\n(g) the earliest day (on the basis of the information currently\navailable to the court) that the offender will become entitled to\nbe released from detention or be eligible to be released on\nparole, having regard to—\n(i) each sentence of imprisonment to which the offender is\nsubject; and\n(ii) any applicable nonparole period; and\n(h) if a nonparole period is set for the sentence—that, if the offender\nis released on parole, the offender’s release will be subject to a\nparole order and any conditions included in the order; and\n(i) if the sentence is for an offence committed by the offender while\non parole for another offence—the application of a parole time\ncredit for the offender in relation to the sentence for the other\noffence under the Crimes (Sentence Administration) Act 2005,\npart 7.5A (Parole time credit).\n\nExamples for par (e)\n1 A court sentences Rick to 7 days imprisonment. The sentence is imposed on a\nMonday. Rick is not subject to any other sentence of imprisonment.\nTo comply with paragraph (e), the court should explain to Rick that the\nsentence starts on the Monday when it is imposed and that the earliest day\nwhen Rick will become entitled to be released from detention is the following\nMonday.\n2 A court sentences Ken to 12 months imprisonment. The sentence is imposed\non 5 May 2005. The court has set a nonparole period of 9 months. Ken is not\nsubject to any other sentence of imprisonment. Because Ken has been\nremanded in custody for sentencing since 27 April 2005, the court has\nbackdated the start of the sentence to that date.\nTo comply with paragraph (e), the court should explain to Ken that the\nsentence is taken to have started on 27 April 2005 and that the earliest date\nwhen Ken will become eligible to be released on parole is 27 January 2006.\n3 On 1 July 2004, Colleen began serving a 2-year sentence of imprisonment for\nan offence. The nonparole period for the sentence was 18 months (Colleen\nwould be eligible to be released on parole on 1 January 2006). Colleen is later\nconvicted of another offence, with a further sentence of 2 years to start from\n1 January 2005, to be served partly concurrently and partly consecutively with\nthe first sentence (under s 71 (Concurrent and consecutive sentences—general\nrule)). The court cancels the first nonparole period and sets a new nonparole\nperiod of 18 months from 1 January 2005 (under s 66 (Nonparole periods—\nsetting if sentence currently being served)).\nTo comply with paragraph (e), the court should explain to Colleen that the\nsentence for the 2nd offence starts on 1 January 2005 and ends on\n1 January 2007, that it will be served partly concurrently and partly\nconsecutively with her current sentence, and that the earliest date when\nColleen will become eligible to be released on parole is now 1 July 2006.\n(2) Failure to comply with this section does not invalidate the sentence\n\n","sortOrder":145},{"sectionNumber":"83","sectionType":"section","heading":"Imprisonment—written record of explanation","content":"83 Imprisonment—written record of explanation\n(1) The court must ensure that a written record of the explanation under\nsection 82 is given to the offender or the offender’s lawyer as soon as\npracticable after (but no later than 10 working days after the day) the\nexplanation is given under that section.\nExample of written record\na copy of the transcript of the explanation\n(2) Failure to comply with this section does not invalidate the sentence\n","sortOrder":146},{"sectionNumber":"84","sectionType":"section","heading":"Imprisonment—official notice of sentence","content":"84 Imprisonment—official notice of sentence\n(1) As soon as practicable after (but no later than 10 working days after\nthe day) the court makes the order sentencing the offender to\nimprisonment, the court must ensure that written notice of the order,\ntogether with a copy of the order, is given to—\n(b) the director-general; and\n(c) if the court sets a nonparole period for the sentence—the\nsecretary of the sentence administration board.\nNote 1 If a form is approved under the Court Procedures Act 2004 for this\nprovision, the form must be used (see that Act, s 8 (2)).\nNote 3 If the order is part of a combination sentence, a single notice may be given\n(2) The notice must include the following information:\n(a) when the sentence starts or is taken to have started;\n(b) when the sentence ends;\n\n(c) whether the sentence is to be served as full-time detention or by\nintensive correction;\n(d) if the sentence includes more than 1 kind of imprisonment—\nwhen each kind of imprisonment starts and ends;\n(e) if a suspended sentence order is made for a part of the\nsentence—when the suspended part of the sentence starts and\nends;\n(f) if the court makes an intensive correction order—any conditions\nmade by the court for the intensive correction order;\n(g) if a nonparole period is set for the sentence—the nonparole\nperiod and when it starts and ends;\n(h) the earliest day (on the basis of the information currently\navailable to the court) that the offender will become entitled to\nbe released from detention or be eligible to be released on\nparole;\n(i) if the sentence is for an offence committed by the offender while\non parole for another offence—an end date for the offender’s\nparole time credit under Crimes (Sentence Administration)\nAct 2005, part 7.5A (Parole time credit).\n(3) If the court makes an intensive correction order for the offender, the\ncourt may remand the offender in custody until the offender is given\nthe notice.\n(4) Failure to comply with this section does not invalidate the sentence\n\n(a) for an order made for a young offender—the CYP\ndirector-general; and\n(b) for any other order—the director-general responsible for\nthis Act.\n\n","sortOrder":147},{"sectionNumber":"Part 6","sectionType":"part","heading":"1 Good behaviour orders—","content":"Part 6.1 Good behaviour orders—\ncommunity service conditions\n","sortOrder":148},{"sectionNumber":"85","sectionType":"section","heading":"Good behaviour orders—meaning of community service","content":"85 Good behaviour orders—meaning of community service\ncommunity service condition, of a good behaviour order for an\noffender, means a condition included in the order that the offender\nperform community service work.\nNote 1 The number of hours that may be required to be performed for a\ncommunity service condition is at least 20 hours and not more than\n500 hours or, for a young offender, not more than 200 hours (see s 91 and\ns 133L).\nNote 2 Community service work is work declared by regulation under the\nCrimes (Sentence Administration) Act 2005 (see that Act, s 316).\n","sortOrder":149},{"sectionNumber":"86","sectionType":"section","heading":"Application—pt 6.1","content":"86 Application—pt 6.1\nThis part applies if a court is considering whether to include a\ncommunity service condition in a good behaviour order for an\n","sortOrder":150},{"sectionNumber":"87","sectionType":"section","heading":"Good behaviour orders—community service—convicted","content":"87 Good behaviour orders—community service—convicted\noffenders only\nThe court must not include a community service condition in the good\nbehaviour order unless the offender is convicted of the offence for\nwhich the order is made.\nNote A good behaviour order under s 17 (2) (b) (Non-conviction orders—\ngeneral) cannot include a community service condition because the\noffender is found guilty, but not convicted, of the offence.\n\nPart 6.1 Good behaviour orders—community service conditions\n","sortOrder":151},{"sectionNumber":"88","sectionType":"section","heading":"Good behaviour orders—community service—eligibility","content":"88 Good behaviour orders—community service—eligibility\n(1) The court must not include a community service condition in the good\nbehaviour order unless satisfied that—\n(a) community service work is suitable for the offender (see\nsection 89); and\n(b) it is appropriate that the offender be required to perform\ncommunity service work.\n(2) The court may decline to include a community service condition in\nthe good behaviour order if—\n","sortOrder":152},{"sectionNumber":"89","sectionType":"section","heading":"Good behaviour orders—community service—suitability","content":"89 Good behaviour orders—community service—suitability\n(1) The court must not include a community service condition in the good\nbehaviour order unless a pre-sentence report is given to the court\nabout the offender’s suitability to serve a sentence (or a part of a\nsentence) by performing community service work.\n(2) In deciding whether to include a community service condition in the\ngood behaviour order, the court must consider the following:\n(a) the pre-sentence report;\n(c) any evidence given by the person who prepared the pre-sentence\nreport;\n\n(4) In considering the pre-sentence report, the court must consider any\nindicators of unsuitability mentioned in table 90, column 3 that are\nstated in the report to apply to the offender.\n(5) The court may include, or decline to include, a community service\ncondition in a good behaviour order for the offender despite—\n(a) any recommendation in the pre-sentence report about the\noffender’s suitability to serve a sentence (or a part of a sentence)\nby performing community service work; or\n(b) any evidence given by the person who prepared the pre-sentence\nreport or a corrections officer.\n(6) The court must record reasons for its decision to include, or decline\nto include, a community service condition in the good behaviour\n(a) the pre-sentence report recommends that the offender is suitable\nbut the court decides not to include a community service\ncondition; or\n(b) the pre-sentence report recommends that the offender is not\nsuitable but the court decides to include a community service\ncondition.\n(7) Failure to comply with subsection (6) does not invalidate the good\n\nPart 6.1 Good behaviour orders—community service conditions\n","sortOrder":153},{"sectionNumber":"90","sectionType":"section","heading":"Good behaviour orders—community service—","content":"90 Good behaviour orders—community service—\npre-sentence report matters\nFor section 42 (3) (Pre-sentence reports by assessors), the matters for\nassessing the offender’s suitability to serve a sentence (or a part of a\nsentence) by performing community service work are the matters\nmentioned in table 90, column 2.\nTable 90 Assessment of suitability—community service work\nitem\nmajor psychiatric or psychological disorder\n3 medical condition potential unfitness to perform community service work\n4 criminal record serious criminal record\npotential impracticability of regular reporting for\ncommunity service work\n","sortOrder":154},{"sectionNumber":"91","sectionType":"section","heading":"Good behaviour orders—community service—hours to","content":"91 Good behaviour orders—community service—hours to\nbe performed\nperformed for a community service condition in the good behaviour\norder must be at least 20 hours and not more than 500 hours.\nNote For a young offender, the maximum is 200 hours (see s 133L).\n\nbe completed under the community service condition must be at\nleast—\n(a) if fewer than 250 hours work is required—12 months; or\n(b) if 250 or more hours work is required—24 months.\n","sortOrder":155},{"sectionNumber":"92","sectionType":"section","heading":"Good behaviour orders—community service—concurrent","content":"92 Good behaviour orders—community service—concurrent\nand consecutive orders\ncommunity service condition under a good behaviour order\n(an existing order).\n(2) If the court makes a further good behaviour order that includes a\ncommunity service condition (a new order), the court may direct that\nthe hours of community service work to be performed by the offender\nunder the new order run concurrently or consecutively, or partly\nconcurrently and partly consecutively, with the hours of community\nservice work remaining to be performed under the existing order.\n(3) However, the total of the hours to be performed under the new order\nand those remaining to be performed under the existing order must\nnot be more than 500.\nNote For a young offender, the maximum is 200 hours (see s 133L).\n\nPart 6.2 Good behaviour orders—\nrehabilitation program conditions\n","sortOrder":156},{"sectionNumber":"93","sectionType":"section","heading":"Definitions—pt 6.2","content":"93 Definitions—pt 6.2\nrehabilitation program, for a good behaviour order, means a program\nprescribed by regulation for the rehabilitation of offenders.\nrehabilitation program condition, of a good behaviour order for an\noffender, means a condition included in the order that an offender\nundertake a rehabilitation program.\n","sortOrder":157},{"sectionNumber":"94","sectionType":"section","heading":"Application—pt 6.2","content":"94 Application—pt 6.2\nThis part applies if a court is considering whether to include a\nrehabilitation program condition in a good behaviour order for an\n","sortOrder":158},{"sectionNumber":"95","sectionType":"section","heading":"Good behaviour orders—rehabilitation programs—","content":"95 Good behaviour orders—rehabilitation programs—\nprobation condition required\n(1) If the court includes a rehabilitation program condition in the good\nbehaviour order, the court must also include a probation condition in\nthe order.\n(2) Subsection (1) does not apply to a good behaviour order for a young\noffender if a supervision condition is included in the order under\nsection 133V (Supervision conditions—when required).\n","sortOrder":159},{"sectionNumber":"96","sectionType":"section","heading":"Good behaviour orders—rehabilitation programs—","content":"96 Good behaviour orders—rehabilitation programs—\ngood behaviour order unless satisfied that—\n(a) a rehabilitation program of a particular kind is suitable for the\n\nGood behaviour orders—rehabilitation program conditions Part 6.2\n(b) it is appropriate that the offender undertake a rehabilitation\nprogram of that kind; and\n(c) a place for the offender in a program of that kind is available or\nwill become available within a reasonable time.\n(2) The court may decline to include a rehabilitation program condition\nin the good behaviour order if—\n","sortOrder":160},{"sectionNumber":"97","sectionType":"section","heading":"Good behaviour orders—rehabilitation programs—","content":"97 Good behaviour orders—rehabilitation programs—\ngood behaviour order unless—\n(a) a pre-sentence report is given to the court about the offender’s\nsuitability to take part in a rehabilitation program; or\n(b) there is some other information (relevant sentencing\ninformation) before the court about the nature of the program\nand its suitability for the offender that justifies including the\ncondition in the good behaviour order.\nExample of relevant sentencing information that may justify making an\na letter offering the offender a place in a rehabilitation program that explains\nthe nature of the program and why it would be suitable for the offender\n(2) In deciding whether to include a rehabilitation program condition in\nthe good behaviour order, the court must consider the following:\nthe offender given to the court;\n\nreport for the offender or who gave relevant sentencing\n(4) The court may include, or decline to include, a rehabilitation program\ncondition in the good behaviour order despite—\nrelevant sentencing information, about the offender’s suitability\nto serve a sentence (or a part of a sentence) by taking part in a\nrehabilitation program; or\npre-sentence report for the offender or who gave relevant\n(c) any evidence given by a corrections officer.\n(5) The court must record reasons for its decision to include, or decline\nto include, a rehabilitation program condition in the good behaviour\n(a) any pre-sentence report recommends, or relevant sentencing\ninformation indicates, that the offender is suitable but the court\ndecides not to include a rehabilitation program condition; or\n(b) any pre-sentence report recommends, or relevant sentencing\ninformation indicates, that the offender is not suitable but the\ncourt decides to include a rehabilitation program condition.\n(6) Failure to comply with subsection (5) does not invalidate the good\n\nGood behaviour orders—rehabilitation program conditions Part 6.2\n","sortOrder":161},{"sectionNumber":"98","sectionType":"section","heading":"Good behaviour orders—rehabilitation programs—","content":"98 Good behaviour orders—rehabilitation programs—\npre-sentence report matters\nFor section 42 (4) (Pre-sentence reports by assessors), the matters for\nassessing the offender’s suitability to serve a sentence (or a part of a\nsentence) by taking part in a rehabilitation program are whether the\noffender was—\n(a) under the influence of alcohol or a controlled drug when the\noffence was committed; or\n(b) motivated to commit the offence by a desire—\n(i) to administer a controlled drug to himself or herself; or\n(ii) to obtain a controlled drug for self-administration; or\n(iii) to obtain resources to enable the offender to obtain a\ncontrolled drug for self-administration.\n","sortOrder":162},{"sectionNumber":"99","sectionType":"section","heading":"Good behaviour orders—rehabilitation programs—","content":"99 Good behaviour orders—rehabilitation programs—\nmaximum period\nA rehabilitation program condition included in the good behaviour\norder must not require the offender to take part in a rehabilitation\nprogram for longer than 3 years.\n","sortOrder":163},{"sectionNumber":"100","sectionType":"section","heading":"Good behaviour orders—rehabilitation programs—","content":"100 Good behaviour orders—rehabilitation programs—\nrehabilitation program condition under a good behaviour order\n(an existing order).\n(2) If the court makes a further good behaviour order that includes a\nrehabilitation program condition (a new order), the court may direct\nthat the new order operate concurrently or consecutively, or partly\nconcurrently and partly consecutively, with the existing order.\n\n(3) However, the new order must not be stated to end later than 3 years\nafter the day the new order is made, irrespective of when the order is\nto take effect.\n\nGood behaviour orders—explanations and official notice Part 6.3\nPart 6.3 Good behaviour orders—\nexplanations and official notice\n101 Application—pt 6.3\nThis part applies if a court makes a good behaviour order for an\n102 Good behaviour orders—explanation to offenders\n(1) The court must ensure that reasonable steps are taken to explain to the\noffender in general terms (and in language the offender can readily\n(a) the nature and conditions of the good behaviour order; and\n(b) the offender’s good behaviour obligations under the Crimes\n(Sentence Administration) Act 2005; and\n(2) Failure to comply with this section does not invalidate the good\n","sortOrder":164},{"sectionNumber":"103","sectionType":"section","heading":"Good behaviour orders—official notice of order","content":"103 Good behaviour orders—official notice of order\n(1) As soon as practicable after the court makes the good behaviour order,\nthe court must ensure that written notice of the order, together with a\ncopy of the order, is given to—\n\nPart 6.3 Good behaviour orders—explanations and official notice\n(b) if the order includes a community service condition, probation\ncondition or rehabilitation program condition—the\ndirector-general.\n(2) The notice must include the following information:\n(a) the term of the good behaviour order;\n(b) if the good behaviour order includes a community service\ncondition—\n(i) the number of hours of community service work the\noffender is to perform; and\n(ii) the period during which the work is to be completed; and\n(iii) where the offender must present himself or herself for the\n(iv) when, or the period within which, the offender must\npresent;\n(c) if the good behaviour order includes a probation condition—\n(i) the probation supervisor for the offender; and\n(ii) where the offender must present himself or herself for the\n(iii) when, or the period within which, the offender must\npresent;\n\nGood behaviour orders—explanations and official notice Part 6.3\n(d) if the good behaviour order includes a rehabilitation program\ncondition—\n(i) the rehabilitation program the offender is to take part in;\nand\n(ii) the period for which the offender is to take part in the\nprogram; and\n(iii) where the offender must present himself or herself for the\n(iv) when or the period within which the offender must present;\n(e) any other conditions included in the good behaviour order.\n(3) Failure to comply with this section does not invalidate the good\n(a) for an order made for a young offender—the CYP\ndirector-general; and\n(b) for any other order—the director-general responsible for this\nAct.\n","sortOrder":165},{"sectionNumber":"104","sectionType":"section","heading":"Good behaviour orders—explanation and notice to","content":"104 Good behaviour orders—explanation and notice to\nsureties\n(1) This section applies if the good behaviour order includes a condition\nthat a surety give security for the offender.\n(2) The court must ensure that reasonable steps are taken to explain to the\nsurety in general terms (and in language the surety can readily\n(a) the nature and the conditions of the order (including the amount\nof the security); and\n\nPart 6.3 Good behaviour orders—explanations and official notice\n(b) the offender’s good behaviour obligations under the Crimes\n(Sentence Administration) Act 2005; and\n(c) the consequences for the offender and the surety if the offender\nbreaches the obligations.\n(3) The court must also ensure that reasonable steps are taken to give a\ncopy of the good behaviour order to the surety.\n(4) Failure to comply with this section does not invalidate the good\nbehaviour order or the security.\n\nGood behaviour orders—other provisions Part 6.4\nPart 6.4 Good behaviour orders—other\nprovisions\n","sortOrder":166},{"sectionNumber":"105","sectionType":"section","heading":"Good behaviour—consequences of failure to sign","content":"105 Good behaviour—consequences of failure to sign\nundertaking\n(1) This section applies if an offender fails to sign or give the undertaking\nmentioned in section 13 (2) for a good behaviour order made in\nrelation to the offender.\n(2) The court that made the good behaviour order may re-sentence the\noffender, or convict and sentence the offender, as if the order had not\nbeen made.\n(3) To remove any doubt, if the offender is re-sentenced by the court\nunder this section, the offender has the same rights of appeal as the\noffender would have had if the good behaviour order had not been\nmade.\n","sortOrder":167},{"sectionNumber":"106","sectionType":"section","heading":"Good behaviour—maximum amount of security","content":"106 Good behaviour—maximum amount of security\n(1) The maximum amount of security that may be required to be given\nby an offender or a surety under a good behaviour order is—\n(a) if the offence is punishable by a fine—the maximum fine that\nmay be imposed for the offence; or\n(b) if the offence is not punishable by a fine—\n(i) for the Supreme Court—$10 000; or\n(ii) for the Magistrates Court—$2 000.\n\nPart 6.4 Good behaviour orders—other provisions\n(2) However, a good behaviour order made by the Magistrates Court\nmust not include a condition that the offender or a surety give security\nunless—\n(a) the offence is punishable by imprisonment for longer than\n6 months; or\n(b) a suspended sentence order has been made for the offence.\n\nReparation orders Chapter 7\n","sortOrder":168},{"sectionNumber":"107","sectionType":"section","heading":"Application—ch 7","content":"107 Application—ch 7\nThis part applies if a court is considering whether to make, or makes,\na reparation order for an offender for an offence.\n","sortOrder":169},{"sectionNumber":"108","sectionType":"section","heading":"Reparation orders—no agreement about amount of loss","content":"108 Reparation orders—no agreement about amount of loss\netc\n(1) If the offender and the director of public prosecutions (or any other\napplicant for the reparation order) do not agree about the amount the\noffender is to be ordered to pay under the reparation order, the court\nmust decide the amount.\n(2) To remove any doubt, section 110 (Reparation orders—evidential\nbasis for orders) applies in relation to facts about the amount the\noffender is to be ordered to pay under the reparation order.\n","sortOrder":170},{"sectionNumber":"109","sectionType":"section","heading":"Reparation orders—payment by instalments","content":"109 Reparation orders—payment by instalments\nIf the court makes a reparation order for the payment of money, the\ncourt may, in addition, order that—\n(a) the amount be paid by stated instalments; and\n(b) the offender give security, with or without sureties, to the\nsatisfaction of a stated officer of the court for the payment of the\namount or of each instalment of the amount.\n","sortOrder":171},{"sectionNumber":"110","sectionType":"section","heading":"Reparation orders—evidential basis for orders","content":"110 Reparation orders—evidential basis for orders\n(1) A reparation order must not be made for the offence unless the court\nconsiders that the order should be made on the basis of facts\nestablished by—\n(a) evidence given at the trial; or\n(b) available documents; or\n\n(c) admissions by the offender; or\n(d) submissions made by or for anyone (including the director of\npublic prosecutions).\navailable documents, in relation to the offence, means any of the\n(a) any written statements or admissions made for use as evidence\nat a trial that would have been admissible as evidence at the trial\n(b) depositions taken at any committal proceeding for the offence;\n(c) any written statements or admissions used as evidence in any\ncommittal proceeding for the offence;\n(d) any other relevant written documents.\nExample for par (d)\nIf the value of an object, or the cost of its repair, is relevant to the proceeding\nfor the reparation order, an affidavit by a valuer or repairer about the value\nof the object or the cost of its repair would be a relevant written document.\n","sortOrder":172},{"sectionNumber":"110A","sectionType":"section","heading":"Reparation orders—enforcing non-money order","content":"110A Reparation orders—enforcing non-money order\n(1) This section applies if the reparation order does not require the\npayment of money.\nNote An offender may breach a reparation order by failing to comply with it\n(see Legislation Act, dict, pt 1, def breach).\n(2) If the offender breaches the reparation order, the person in whose\nfavour the order was made may apply to the court for an order under\nthis section to be made against the offender.\n(3) On an application under subsection (2), the court may make an order\nfor the payment of money against the offender in substitution for the\nbreached order.\n\nReparation orders Chapter 7\n","sortOrder":173},{"sectionNumber":"111","sectionType":"section","heading":"Reparation orders—power to make other orders etc","content":"111 Reparation orders—power to make other orders etc\nTo remove any doubt, the power to make a reparation order under a\nprovision of this Act is additional to the court’s other powers under\nthis Act or any other territory law, including its power to make a\nreparation order under another provision of this Act or any other\nterritory law.\nExample\nStan broke into Alice’s house and stole property belonging to Alice. None of the\nproperty was recovered. Stan is convicted of the theft of the property. The court\nmay make reparation orders ordering Stan to pay Alice—\n• the value of the stolen property (see s 20); and\n• the costs of repairing the damage caused during the break-in (see s 19).\n","sortOrder":174},{"sectionNumber":"112","sectionType":"section","heading":"Reparation orders—Confiscation of Criminal Assets Act","content":"112 Reparation orders—Confiscation of Criminal Assets Act\n(1) The court must not order the offender to make reparation to a person\nonly because the person’s property is subject to a restraining order or\nforfeiture order under the Confiscation of Criminal Assets Act 2003\n(the Confiscation Act).\n(2) To remove any doubt—\n(a) an amount payable under a reparation order cannot be recovered\nfrom property that has been restrained or forfeited under the\nConfiscation Act; and\n(b) a reparation order for the restoration of property cannot be made\nfor property that has been restrained or forfeited under the\nConfiscation Act.\nNote 1 Restrained property may be dealt with only in accordance with the\nConfiscation Act (see that Act, s 19, def restraining order and s 33 (1)).\nFor the exclusion of restrained property from forfeiture, see the\nConfiscation Act, pt 6.\nNote 2 For applications by a person who had an interest in forfeited property for\nthe property’s return or for compensation, see the Confiscation Act,\ndiv 9.5.\n\nrestrained—property that has been restrained under the\nConfiscation Act includes—\n(a) property in relation to which an application for a restraining\norder has been made under that Act; and\n(b) property in relation to which an application for a conviction\nforfeiture order has been made under that Act; and\n(c) property subject to forfeiture under that Act.\n","sortOrder":175},{"sectionNumber":"113","sectionType":"section","heading":"Reparation orders—official notice of order","content":"113 Reparation orders—official notice of order\n(1) This section applies if the court makes a reparation order for the\n(2) As soon as practicable after the court makes the reparation order, the\ncourt must ensure that written notice of the order, together with a copy\nof the order, is given to—\n(b) the person in whose favour the order is made.\n(3) Failure to comply with this section does not invalidate the reparation\n\nDeferred sentence orders—making Part 8.1\n","sortOrder":176},{"sectionNumber":"Part 8","sectionType":"part","heading":"1 Deferred sentence orders—","content":"Part 8.1 Deferred sentence orders—\nmaking\n","sortOrder":177},{"sectionNumber":"114","sectionType":"section","heading":"Application—pt 8.1","content":"114 Application—pt 8.1\nThis chapter applies if a court is considering whether to make, or\nmakes, a deferred sentence order for an offender.\n","sortOrder":178},{"sectionNumber":"115","sectionType":"section","heading":"Meaning of deferred sentence obligations","content":"115 Meaning of deferred sentence obligations\ndeferred sentence obligations, for an offender—see section 120\n(Deferred sentence orders—obligations).\n","sortOrder":179},{"sectionNumber":"116","sectionType":"section","heading":"Deferred sentence orders—eligibility","content":"116 Deferred sentence orders—eligibility\n(1) The court must not make a deferred sentence order for the offender\nunless it considers that—\n(a) releasing the offender on bail would allow the offender to\naddress his or her criminal behaviour and anything that has\ncontributed to the behaviour; and\n(b) if the offender were to comply with the order, and any bail\nconditions, the court might not impose as severe a sentence for\nthe offence.\n(2) The court may make a deferred sentence order whether or not it\nconsiders that the seriousness of the offence justifies a sentence of\n\n","sortOrder":180},{"sectionNumber":"117","sectionType":"section","heading":"Deferred sentence orders—suitability","content":"117 Deferred sentence orders—suitability\n(1) In deciding whether to make a deferred sentence order for the\n(a) any pre-sentence report about the offender;\nNote The court may order a pre-sentence report under s 41.\n(b) any evidence given by the person who prepared a pre-sentence\nreport for the offender;\n(c) any evidence given by a corrections officer about the offender.\n(3) The court may make, or decline to make, a deferred sentence order\ndespite—\n(a) any recommendation in any pre-sentence report about the\noffender’s suitability for a deferred sentence order; or\npre-sentence report for the offender or a corrections officer.\n(4) The court must record reasons for its decision to make a deferred\nsentence order if—\n(a) any pre-sentence report recommends that the offender is suitable\nbut the court decides not to make a deferred sentence order; or\n(b) any pre-sentence report recommends that the offender is not\nsuitable but the court decides to make a deferred sentence order.\n(5) Failure to comply with subsection (4) does not invalidate a deferred\n\nDeferred sentence orders—making Part 8.1\n","sortOrder":181},{"sectionNumber":"118","sectionType":"section","heading":"Deferred sentence orders—indication of penalties","content":"118 Deferred sentence orders—indication of penalties\nIf the court makes a deferred sentence order for the offender, the court\nmust state, in general terms—\n(a) the penalty that the offender might receive if the offender\ncomplies with the order and any bail conditions; and\n(b) the penalty that the offender might receive if the offender does\nnot comply with the order or a bail condition.\n","sortOrder":182},{"sectionNumber":"119","sectionType":"section","heading":"Deferred sentence orders—review requirements in orders","content":"119 Deferred sentence orders—review requirements in orders\nIf the court makes a deferred sentence order for the offender, the court\nmay require the offender to appear before the court at the times\n(before the time stated in the order under section 27 (2)), and at the\nplaces, stated in the order for the purpose of reviewing the offender’s\ncompliance with the order.\n","sortOrder":183},{"sectionNumber":"120","sectionType":"section","heading":"Deferred sentence orders—obligations","content":"120 Deferred sentence orders—obligations\nThe offender’s obligations (the deferred sentence obligations) while\nsubject to a deferred sentence order are—\n(a) to comply with the order (including any conditions of the order);\nand\n(b) to comply with the offender’s bail conditions.\n","sortOrder":184},{"sectionNumber":"121","sectionType":"section","heading":"Deferred sentence orders—explanation and official notice","content":"121 Deferred sentence orders—explanation and official notice\n(1) If the court makes a deferred sentence order for the offender, the court\nmust ensure that reasonable steps are taken to explain to the offender\nin general terms (and in language the offender can readily\n(a) the nature and conditions of the order and the offender’s bail\nunder the Bail Act 1992; and\n\n(b) the offender’s obligations under the order and the Bail Act 1992;\nand\n(2) As soon as practicable after the court makes the deferred sentence\norder, the court must ensure that written notice of the order, together\nwith a copy of the order, is given to the offender.\nNote 1 The offender must also be given written notice of any bail conditions (see\nBail Act 1992, s 34).\n(3) Failure to comply with this section does not invalidate the deferred\n","sortOrder":185},{"sectionNumber":"122","sectionType":"section","heading":"Deferred sentence orders—period of effect","content":"122 Deferred sentence orders—period of effect\n(1) A deferred sentence order must not state a time (the sentencing time)\nunder section 27 (2) (Deferred sentence orders—making) that is more\nthan 12 months after the day the order is made.\n(2) A deferred sentence order—\n(a) starts on the day it is made; and\n(b) ends—\n(i) at the sentencing time; or\n(ii) if the order is earlier cancelled under section 128 (Deferred\nsentence orders—court’s powers on review) or section 132\n(Deferred sentence orders—automatic cancellation on bail\nrevocation)—on the day the court cancels it.\n\nDeferred sentence orders—supervision Part 8.2\nPart 8.2 Deferred sentence orders—\nsupervision\n","sortOrder":186},{"sectionNumber":"123","sectionType":"section","heading":"Application—pt 8.2","content":"123 Application—pt 8.2\nThis part applies if a court (the sentencing court) makes a deferred\nsentence order for an offender.\n","sortOrder":187},{"sectionNumber":"124","sectionType":"section","heading":"Deferred sentence orders—arrest without warrant","content":"124 Deferred sentence orders—arrest without warrant\n(1) This section applies if a police officer believes, on reasonable\ngrounds, that the offender has breached the offender’s deferred\nsentence obligations.\n(2) The police officer may arrest the offender without a warrant.\n(3) If the police officer arrests the offender, the police officer must bring\nthe offender before—\n(a) the sentencing court; or\n(b) if the sentencing court is not sitting—a magistrate.\n","sortOrder":188},{"sectionNumber":"125","sectionType":"section","heading":"Deferred sentence orders—arrest warrant","content":"125 Deferred sentence orders—arrest warrant\n(1) If a judge or magistrate is satisfied by information on oath that there\nare reasonable grounds for suspecting that the offender has breached,\nor will breach, the offender’s deferred sentence obligations, the judge\nor magistrate may issue a warrant for the offender’s arrest.\nNote For the arrest of an offender who breaches bail, see the Bail Act 1992,\ns 56A and s 56B.\n(a) be in writing signed by the judge or magistrate; and\n\nPart 8.2 Deferred sentence orders—supervision\n(d) order the offender’s arrest and bringing the offender before the\nsentencing court.\n(3) If a police officer arrests the offender under this section, the police\nofficer must, as soon as practicable, bring the offender before—\n(a) the sentencing court; or\n(b) if the sentencing court is not sitting—a magistrate.\n","sortOrder":189},{"sectionNumber":"126","sectionType":"section","heading":"Deferred sentence orders—review","content":"126 Deferred sentence orders—review\n(1) The sentencing court may review the offender’s deferred sentence\norder at any time.\n(2) Without limiting subsection (1), the sentencing court may review the\ndeferred sentence order to consider whether the offender has\nbreached, or may breach, the offender’s deferred sentence\nobligations.\n(3) The sentencing court may review the deferred sentence order—\n(i) the offender; or\n(ii) the director-general; or\n(iii) the director of public prosecutions.\n(4) A person mentioned in subsection (3) (b) may appear at a review.\n\nDeferred sentence orders—supervision Part 8.2\n(a) if the offender is under 18 years old when the application is\nmade—the CYP director-general; and\n","sortOrder":190},{"sectionNumber":"127","sectionType":"section","heading":"Deferred sentence orders—notice of review","content":"127 Deferred sentence orders—notice of review\n(1) The sentencing court must give a written notice of a proposed review\nof the offender’s deferred sentence order to the offender, the\n(b) the time and place fixed for the review.\n(a) if the offender is under 18 years old when the notice is given—\nthe CYP director-general; and\n\nPart 8.3 Deferred sentence orders—amendment or cancellation\nPart 8.3 Deferred sentence orders—\namendment or cancellation\n128 Deferred sentence orders—court’s powers on review\nAfter reviewing the offender’s deferred sentence order, the\nsentencing court may do any of the following:\n(a) take no further action;\n(b) give the offender a warning about the need to comply with the\noffender’s deferred sentence obligations (including any bail\nconditions);\n(c) by order, amend any of the deferred sentence order’s conditions;\n(d) by order, cancel the deferred sentence order if—\n(i) the offender has applied for its cancellation; or\n(ii) the court is satisfied that the offender has breached the\noffender’s deferred sentence obligations.\n","sortOrder":191},{"sectionNumber":"129","sectionType":"section","heading":"Deferred sentence orders—when amendments take effect","content":"129 Deferred sentence orders—when amendments take effect\n(an amendment order) under section 128 (1) (c) amending the\noffender’s deferred sentence order’s conditions.\n(2) The court must record its reasons for the decision.\n(3) The amendment order must state when it takes effect.\n(4) The date of effect must be—\n(a) the date when the sentencing court gives the offender written\nnotice of the amendment order; or\n(b) if a later date of effect is stated in the amendment order—the\ndate stated.\n\nDeferred sentence orders—amendment or cancellation Part 8.3\n(5) As soon as practicable after the sentencing court makes the\namendment order, the court must ensure that written notice of the\norder, together with a copy of the order, is given to the offender, the\namendment order.\n(a) if the offender is under 18 years old when the amendment order\nis made—the CYP director-general; and\n","sortOrder":192},{"sectionNumber":"130","sectionType":"section","heading":"Deferred sentence orders—when cancellation takes effect","content":"130 Deferred sentence orders—when cancellation takes effect\n(a cancellation order) under section 128 (Deferred sentence orders—\ncourt’s powers on review) cancelling the offender’s deferred sentence\n(2) The court must record its reasons for the decision.\n(3) The cancellation order takes effect on the day it is made.\n(4) As soon as practicable after the sentencing court makes the\ncancellation order, the court must ensure that written notice of the\norder, together with a copy of the order, is given to the offender, the\n\nPart 8.3 Deferred sentence orders—amendment or cancellation\ncancellation order.\n(a) if the offender is under 18 years old when the cancellation order\nis made—the CYP director-general; and\n","sortOrder":193},{"sectionNumber":"131","sectionType":"section","heading":"Deferred sentence orders—effect of cancellation","content":"131 Deferred sentence orders—effect of cancellation\n(a cancellation order) under section 128 (Deferred sentence orders—\ncourt’s powers on review) cancelling the offender’s deferred sentence\n(2) The offender’s bail in relation to which the deferred sentence order\nwas made is automatically revoked on the making of the cancellation\n(3) The sentencing court must sentence the offender for all offences for\nwhich the court may sentence the offender, whether or not they are\npunishable by imprisonment.\n\nDeferred sentence orders—other provisions Part 8.4\nPart 8.4 Deferred sentence orders—other\nprovisions\n","sortOrder":194},{"sectionNumber":"132","sectionType":"section","heading":"Deferred sentence orders—automatic cancellation on bail","content":"132 Deferred sentence orders—automatic cancellation on bail\nrevocation\nThe offender’s deferred sentence order is automatically cancelled if\nthe offender’s bail in relation to which the order was made is revoked.\n","sortOrder":195},{"sectionNumber":"133","sectionType":"section","heading":"Deferred sentence orders—relationship with Bail Act","content":"133 Deferred sentence orders—relationship with Bail Act\n(1) A requirement in a deferred sentence order under section 27 (2)\n(Deferred sentence orders—making) or section 119 (Deferred\nsentence orders—review requirements in orders) for an offender to\nappear before the sentencing court—\n(a) does not affect a court’s power under the Bail Act 1992 to\nrequire the offender to appear before the court under that Act;\nand\n(b) applies to the offender despite the Bail Act 1992,\nsection 6 (2) (b) (Rights following grant of bail).\nNote The Bail Act 1992, s 6 (2) (b) provides a bailed person is entitled\nto remain at liberty in relation to the offence until required to\nappear before a court in accordance with the person’s undertaking\nto appear under that Act.\n(2) To remove any doubt, section 27 (5) does not limit, and is not limited\nby, the Bail Act 1992, section 25 (Conditions on which bail may be\ngranted to adults).\n(3) To remove any doubt, section 128 (1) (c) (Deferred sentence orders—\ncourt’s powers on review) does not limit, and is not limited by, any\nprovision of the Bail Act 1992 about varying an offender’s bail\nconditions.\n\nPart 8.4 Deferred sentence orders—other provisions\n(4) To remove any doubt, section 126 (Deferred sentence orders—\nreview) does not limit, and is not limited by, any provision of the Bail\nAct 1992, part 6 (Review of bail decisions) about review of an\noffender’s bail.\n\n","sortOrder":196},{"sectionNumber":"133A","sectionType":"section","heading":"Purpose—ch 8A","content":"133A Purpose—ch 8A\n(1) The purpose of this chapter is to set out particular provisions that\napply to the sentencing of young offenders.\n(2) Except as provided in this chapter or otherwise in this Act, this Act\napplies to young offenders in the same way as it applies to other\n","sortOrder":197},{"sectionNumber":"133B","sectionType":"section","heading":"Meaning of young offender","content":"133B Meaning of young offender\nyoung offender means a person who—\n(a) has been convicted or found guilty of an offence by a court; and\n(b) was under 18 years old when the offence was committed.\n","sortOrder":198},{"sectionNumber":"133C","sectionType":"section","heading":"Young offenders—purposes of sentencing","content":"133C Young offenders—purposes of sentencing\n(1) Despite section 7 (2), in sentencing a young offender, a court must\nconsider the purpose of promoting the rehabilitation of the young\noffender and may give more weight to that purpose than it gives to\nany of the other purposes stated in section 7 (1).\n(2) Also, in sentencing a young offender, a court must have particular\nregard to the common law principle of individualised justice.\n\n","sortOrder":199},{"sectionNumber":"133D","sectionType":"section","heading":"Young offenders—sentencing—additional relevant","content":"133D Young offenders—sentencing—additional relevant\nconsiderations\n(1) In deciding how a young offender should be sentenced (if at all) for\nan offence, a court must consider the following matters:\n(a) the young offender’s culpability for the offence having regard to\nhis or her maturity;\n(b) the young offender’s state of development;\n(c) the past and present family circumstances of the young offender.\n(2) This section applies in addition to section 33 (Sentencing—relevant\nconsiderations).\n","sortOrder":200},{"sectionNumber":"133E","sectionType":"section","heading":"Young offenders—pre-sentence report matters","content":"133E Young offenders—pre-sentence report matters\n(1) Each of the following is a pre-sentence report matter in relation to a\nyoung offender:\n(a) the young offender’s culpability for the offence having regard to\nhis or her maturity;\n(b) the young offender’s state of development;\n(c) the past and present family circumstances of the young offender.\n(2) This section applies in addition to section 40A (Pre-sentence report\nmatters).\n","sortOrder":201},{"sectionNumber":"133F","sectionType":"section","heading":"Young offenders—director-general may give court","content":"133F Young offenders—director-general may give court\ninformation about availability of resources\nThe CYP director-general may give the court information about the\navailability of resources that would be needed to give effect to an\norder the court may make in relation to a young offender under this\nAct.\n\n","sortOrder":202},{"sectionNumber":"133G","sectionType":"section","heading":"Young offenders—sentences of imprisonment","content":"133G Young offenders—sentences of imprisonment\n(1) This section applies if a court is sentencing a young offender to\nimprisonment under section 10.\nNote Section 10 allows a court to sentence an offender to imprisonment if\nsatisfied that no other penalty is appropriate.\n(2) The sentence of imprisonment must be a last resort and for the\nshortest appropriate term.\n(3) The court must consider making a combination sentence consisting\nof—\n(a) the sentence of imprisonment; and\n(b) a good behaviour order with a supervision condition.\nNote There is no provision for the setting of a nonparole period for a sentence\nof imprisonment imposed on a young offender (see s 64 (2), def excluded\nsentence of imprisonment).\n(4) The court must not sentence the young offender to imprisonment for\nlife.\n","sortOrder":203},{"sectionNumber":"133H","sectionType":"section","heading":"Young offenders—imprisonment to be at detention place","content":"133H Young offenders—imprisonment to be at detention place\n(1) This section applies (instead of section 10 (3)) if a court sentences a\nyoung offender to imprisonment and the young offender is under\n21 years old when the sentence is imposed.\n(2) The sentence must be served by full-time detention at a detention\nplace unless the young offender is—\n(a) released from full-time detention under this Act or another\nterritory law; or\n(b) transferred to a correctional centre under the Children and\nYoung People Act 2008.\n\n","sortOrder":204},{"sectionNumber":"133I","sectionType":"section","heading":"Young offenders—non-association and place restriction","content":"133I Young offenders—non-association and place restriction\nA court must not make a non-association order or place restriction\norder for a young offender unless satisfied that the order would not—\n(a) interfere with the young offender’s access to appropriate\neducation or training; or\n(b) disproportionately interfere with the young offender’s access to\npublic transport or accommodation.\nNote Pt 3.4 makes provision for non-association orders and place restriction\norders for offenders.\n","sortOrder":205},{"sectionNumber":"133J","sectionType":"section","heading":"Young offenders—notice of orders to parent etc","content":"133J Young offenders—notice of orders to parent etc\n(1) This section applies if written notice of an order and a copy of the\norder is required to be given to a young offender under any of the\n(a) section 12 (4) (Suspended sentences);\n(b) section 14 (7) (Fines—orders to pay);\n(c) section 16 (4) (Driver licence disqualification orders—motor\nvehicle theft);\n(d) section 17 (5) (Non-conviction orders—general);\n(e) section 25 (2) (Non-association and place restriction orders—\nexplanation and official notice);\n(f) section 84 (1) (Imprisonment—official notice of sentence);\n(g) section 103 (1) (Good behaviour orders—official notice of\norder);\n(h) section 113 (2) (Reparation orders—official notice of order);\n(i) section 121 (2) (Deferred sentence orders—explanation and\nofficial notice of effect);\n\n(j) section 129 (5) (Deferred sentence orders—when amendments\ntake effect);\n(k) section 130 (4) (Deferred sentence orders—when cancellation\ntakes effect);\n(l) section 133XB (5) (Therapeutic correction orders);\n(m) section 133XU (7) (Therapeutic correction orders—review);\n(n) section 133XV (1) (Therapeutic correction orders—notice of\nproposed review).\n(2) If the young offender is under 18 years old, the court must ensure that\nthe notice and a copy of the order is also given to a parent of the young\noffender and anyone else who has parental responsibility for the\nyoung offender under the Children and Young People Act 2008.\n","sortOrder":206},{"sectionNumber":"133K","sectionType":"section","heading":"Young offenders—references to corrections officer","content":"133K Young offenders—references to corrections officer\nA reference in this Act to a corrections officer is, in relation to a\nyoung offender, a reference to a youth detention officer under the\nChildren and Young People Act 2008.\n\nDivision 8A.2.1 Young offenders—good behaviour orders generally\nPart 8A.2 Young offenders—good\nbehaviour orders\nDivision 8A.2.1 Young offenders—good behaviour\norders generally\n133L Young offenders—community service—hours to be\nperformed\nperformed for a community service condition in a good behaviour\norder for a young offender—\n(a) must be at least 20 hours and not more than 200 hours; and\n(b) must not interfere with the young offender’s access to\nappropriate education or training.\nbe completed under the community service condition must be not\nlonger than 12 months.\n(3) Section 92 (3) (Good behaviour orders—community service—\nconcurrent and consecutive orders) applies in relation to a young\noffender as if the reference to 500 hours were a reference to\n200 hours.\n","sortOrder":207},{"sectionNumber":"133M","sectionType":"section","heading":"Young offenders—good behaviour orders—conditions","content":"133M Young offenders—good behaviour orders—conditions\n(1) A good behaviour order for a young offender must not include a\ncondition mentioned in section 13 (4) (a) (which is about giving\nsecurity for compliance with an order).\n\nGood behaviour orders—education and training conditions Division 8A.2.2\n(2) In addition to the conditions mentioned in section 13 (4) (b) to (g),\na good behaviour order for a young offender may include—\n(a) an education and training condition; and\nNote An education and training condition must not be included in the\norder unless the young offender is convicted or found guilty of the\noffence (see s 133P).\n(b) a supervision condition.\nDivision 8A.2.2 Good behaviour orders—education\nand training conditions\n","sortOrder":208},{"sectionNumber":"133N","sectionType":"section","heading":"Meaning of education and training condition","content":"133N Meaning of education and training condition\neducation and training condition, of a good behaviour order for a\nyoung offender, means a condition included in the order that the\nyoung offender undertake education or training.\n","sortOrder":209},{"sectionNumber":"133O","sectionType":"section","heading":"Application—div 8A.2.2","content":"133O Application—div 8A.2.2\nThis division applies if a court is considering whether to include an\neducation and training condition in a good behaviour order for a\nyoung offender.\n","sortOrder":210},{"sectionNumber":"133P","sectionType":"section","heading":"Education and training conditions—for young offenders","content":"133P Education and training conditions—for young offenders\nconvicted or found guilty\nA good behaviour order cannot include an education and training\ncondition unless the young offender has been convicted or found\nguilty of the offence for which the order is made.\n\nDivision 8A.2.2 Good behaviour orders—education and training conditions\n","sortOrder":211},{"sectionNumber":"133Q","sectionType":"section","heading":"Education and training conditions—eligibility","content":"133Q Education and training conditions—eligibility\nThe court must not include an education and training condition in the\ngood behaviour order unless satisfied that—\n(a) education or training of a particular kind is suitable for the young\n(b) it is appropriate that the young offender undertake education or\ntraining of that kind; and\n(c) a place for the young offender in education or training of that\nkind is available or will become available within a reasonable\ntime.\n","sortOrder":212},{"sectionNumber":"133R","sectionType":"section","heading":"Education and training conditions—suitability","content":"133R Education and training conditions—suitability\n(1) In deciding whether to include an education and training condition in\nthe good behaviour order, the court must consider the following:\nthe young offender given to the court;\n(b) any medical report about the young offender given to the court;\nreport for the young offender or who gave relevant sentencing\n(d) any evidence given by the CYP director-general about the young\n\nGood behaviour orders—education and training conditions Division 8A.2.2\n(3) The court may include, or decline to include, an education and\ntraining condition in the good behaviour order for the young offender\ndespite—\nrelevant sentencing information, about the suitability of the\nyoung offender to serve a sentence (or a part of a sentence) by\ntaking part in education or training; or\npre-sentence report for the young offender or who gave relevant\n(c) any evidence given by the CYP director-general about the young\n(4) The court must record reasons for its decision to include, or not\ninclude, an education and training condition in the good behaviour\n(a) a pre-sentence report recommends, or relevant sentencing\ninformation indicates, that the young offender is suitable but the\ncourt decides not to include an education and training condition;\nor\n(b) a pre-sentence report recommends, or relevant sentencing\ninformation indicates, that the young offender is not suitable but\nthe court decides to include an education and training condition.\n(5) Failure to comply with subsection (4) does not invalidate the good\n","sortOrder":213},{"sectionNumber":"133S","sectionType":"section","heading":"Education and training conditions—maximum period","content":"133S Education and training conditions—maximum period\nAn education and training condition included in the good behaviour\norder must not require the young offender take part in education or\ntraining for longer than 3 years.\n\n","sortOrder":214},{"sectionNumber":"133T","sectionType":"section","heading":"Education and training conditions—2 or more good","content":"133T Education and training conditions—2 or more good\nbehaviour orders\n(a) a young offender is currently subject to an education and\ntraining condition under a good behaviour order (an existing\norder); and\n(b) the court makes a further good behaviour order that includes an\neducation and training condition (a new order).\n(3) However, the new order must not require the young offender to\nundergo education or training as stated in the order for more than\n3 years.\nDivision 8A.2.3 Good behaviour orders—supervision\n","sortOrder":215},{"sectionNumber":"133U","sectionType":"section","heading":"Meaning of supervision condition","content":"133U Meaning of supervision condition\nsupervision condition, of a good behaviour order for a young\noffender, means a condition included in the order that—\n(a) requires the young offender to comply with all reasonable\ndirections given by the director-general; and\n(b) allows the director-general to require information from entities\ndirectly supervising the young offender.\n(a) if the offender is under 18 years old when the direction is given\nor the requirement is made—the CYP director-general; and\n\nGood behaviour orders—supervision conditions Division 8A.2.3\n(b) in any other case—the director-general responsible, under the\nCrimes (Sentence Administration) Act 2005, for the\nadministration of the good behaviour order to which the\ndirection relates.\n","sortOrder":216},{"sectionNumber":"133V","sectionType":"section","heading":"Supervision conditions—when required","content":"133V Supervision conditions—when required\n(1) A court must include a supervision condition in a good behaviour\norder for a young offender if the court has made, or proposes to make,\na good behaviour order that includes—\n(a) a community service condition; or\n(b) a rehabilitation program condition; or\n(c) an education and training condition.\n(2) Subsection (1) does not limit the circumstances in which the court\nmay include a supervision condition in a good behaviour order.\n","sortOrder":217},{"sectionNumber":"133W","sectionType":"section","heading":"Supervision conditions—maximum period","content":"133W Supervision conditions—maximum period\nA supervision condition included in the good behaviour order must\nnot require the young offender to comply with all reasonable\ndirections given by the director-general for longer than 3 years.\n","sortOrder":218},{"sectionNumber":"133X","sectionType":"section","heading":"Supervision conditions—2 or more good behaviour","content":"133X Supervision conditions—2 or more good behaviour\n(a) a young offender is currently subject to a supervision condition\nunder a good behaviour order (an existing order); and\n(b) the court makes a further good behaviour order that includes a\nsupervision condition (a new order).\n\n(3) However, the new order must not require the young offender to be\nsupervised as stated in the order for longer than 3 years.\n\nPreliminary Division 8A.2A.1\n","sortOrder":219},{"sectionNumber":"Part 8A","sectionType":"part","heading":"2A Young offenders—therapeutic","content":"Part 8A.2A Young offenders—therapeutic\ncorrection orders\nDivision 8A.2A.1 Preliminary\n133XA Definitions—pt 8A.2A\nassessor—see section 133XG (3).\ncore conditions, of a therapeutic correction order—see\nsection 133XN (1).\nsentencing court, for a young offender subject to a therapeutic\ncorrection order, means the court by which the sentence was first\nimposed, and includes that court differently constituted.\ntherapeutic correction assessment—see section 133XG (2) (a) (i).\ntherapeutic correction conditions—see section 133XO (1).\ntherapeutic correction obligations—see section 133XD.\ntherapeutic correction order—see section 133XB (2).\ntherapeutic correction plan—see section 133XJ (1).\ntherapeutic correction team means the following entities:\n(c) an entity prescribed by regulation.\n\nDivision 8A.2A.2 Therapeutic correction orders—general\nDivision 8A.2A.2 Therapeutic correction orders—\ngeneral\n133XB Therapeutic correction orders\n(1) This section applies if a young offender has been convicted or found\nguilty of an offence.\n(2) The court may make an order (a therapeutic correction order) that\nrequires the young offender to comply with the therapeutic correction\nconditions of the order.\n(3) The court must not make a therapeutic correction order if the young\noffender is subject to any other sentencing order.\n(4) The court must not fail to impose a sentence that the circumstances\nof the offence would ordinarily require only to allow the court to\nmake a therapeutic correction order.\n(5) If the court makes a therapeutic correction order, the court must, as\nsoon as practicable after the order is made, ensure that written notice\nof the order, together with a copy of the order, is given to the young\ntherapeutic correction order.\n(7) This section is subject to divisions 8A.2A.3 and 8A.2A.4.\nsentencing order means any of the following:\n(a) an order for imprisonment by full-time detention;\n(b) a suspended sentence order;\n(c) an intensive correction order;\n(d) a deferred sentence order;\n(e) a parole order;\n\nTherapeutic correction orders—general Division 8A.2A.2\n(f) an order under a law in force in Australia that corresponds to an\norder mentioned in paragraphs (a) to (e).\n133XC Therapeutic correction order—maximum period\nA therapeutic correction order must—\n(a) be for a period not longer than 4 years; and\n(b) state when it starts and ends.\n133XD Therapeutic correction order—young offender\nA young offender subject to a therapeutic correction order has the\nfollowing obligations (the therapeutic correction obligations):\n(a) the core conditions of the order;\n(b) the therapeutic correction conditions;\n(c) any other obligation created by the court as part of the order.\n133XE Court may make ancillary orders to achieve object of\nThe court may make any order that is not inconsistent with this Act\nor the Crimes (Sentence Administration) Act 2005, that the court\nconsiders appropriate to achieve the object of a therapeutic correction\n\nDivision 8A.2A.3 Therapeutic correction orders—\n133XF Therapeutic correction orders—requirement for\nassessment and therapeutic correction plan\nThe court must not make a therapeutic correction order for a young\noffender unless the court has—\n(a) considered a therapeutic correction assessment for the offender;\nand\n(b) approved a therapeutic correction plan for the offender.\n133XG Therapeutic correction assessments\n(1) This section applies if the court is considering whether to make a\ntherapeutic correction order for a young offender.\n(2) The court must—\n(a) order the CYP director-general to—\n(i) prepare an assessment of the offender’s suitability for a\ntherapeutic correction order (a therapeutic correction\nassessment); and\n(ii) provide a copy of the assessment to the court or any other\nstated person; and\n(b) adjourn the proceeding for the assessment to be prepared.\n(3) The CYP director-general must—\n(a) arrange for a suitable person (an assessor) to prepare the\ntherapeutic correction assessment; and\n(b) provide a copy of the assessment to the court and any other\nperson the court considers should receive a copy.\n(4) The therapeutic correction assessment must address the matters\nmentioned in section 133XH.\n\nTherapeutic correction orders—suitability Division 8A.2A.3\n133XH Therapeutic correction assessment matters\nFor section 133XG (4), the matters for assessing the young offender’s\nsuitability for a therapeutic correction order are the matters mentioned\nin table 133XH, column 2.\nTable 133XH Assessment of suitability—therapeutic correction order\nitem\nunlikely to change under a therapeutic correction order\nmajor psychiatric or psychological disorder likely to\nprevent compliance with a therapeutic correction order\n3 medical condition medical condition likely to prevent compliance with a\n4 response to previous\nsubstantial noncompliance with previous court orders\n5 participation and\nwith therapeutic\ncorrection assessment\n6 personal circumstances potential impracticability of compliance with a\n133XI Therapeutic correction assessments—powers of\nassessors\n(1) In preparing the therapeutic correction assessment for the young\noffender, the assessor may—\n(a) investigate any matter the assessor considers appropriate; and\n\n(b) ask any of the following to provide information for the purpose\nof the assessment:\nprovide information, the entity must comply with the request as soon\nas practicable.\ninformation for the purpose of the therapeutic correction assessment.\nprovision of therapeutic correction assessments.\n\nTherapeutic correction orders—suitability Division 8A.2A.3\n133XJ Therapeutic correction assessment—therapeutic\ncorrection plan\n(1) If the assessor preparing the therapeutic correction assessment\nconsiders a young offender to be suitable for a therapeutic correction\norder, the assessor must also prepare a plan (a therapeutic correction\nplan) for the young offender.\n(2) A therapeutic correction plan must address—\n(a) any medical, psychological or psychiatric needs relevant to the\noffender’s rehabilitation; and\n(b) any other matter prescribed by regulation.\n133XK Therapeutic correction assessments—provision to court\nThe therapeutic correction assessment may be given to the court\norally or in writing.\n133XL Therapeutic correction assessments—cross-examination\n(1) The prosecutor and the defence may cross-examine the assessor who\nprepared the therapeutic correction assessment given to the court.\n(a) any lawyer representing a young offender; or\n(b) if the offender is not legally represented—a person who the\ncourt grants leave to cross-examine on behalf of the offender.\n\nDivision 8A.2A.4 Therapeutic correction orders—\ncontent\n133XM Content of therapeutic correction order\nA therapeutic correction order for a young offender must—\n(a) state the offence to which the order relates; and\n(b) record the young offender’s conviction for the offence; and\n(c) state the total period for which the order is in force; and\n(d) state—\n(i) the core conditions; and\n(ii) the therapeutic correction conditions; and\n(iii) any other conditions the court considers appropriate; and\n(e) state any relevant therapeutic support for the young offender;\nand\n(f) require the young offender to—\n(i) comply with the order and any other obligations under the\nCrimes (Sentence Administration) Act 2005 for the period\nthe order is in force; and\n(ii) submit to the supervision of the CYP director-general; and\n(iii) comply with the directions of the CYP director-general.\n133XN Core conditions\n(1) The core conditions of a therapeutic correction order are that a young\noffender subject to the order—\n(a) must not commit another offence against a law in force in\n\nTherapeutic correction orders—content Division 8A.2A.4\n(b) if the young offender is charged with an offence against a law in\nforce in Australia or elsewhere—must tell the\nCYP director-general about the charge as soon as possible, but\nwithin 2 days after the day the offender becomes aware of the\ncharge; and\n(c) must report to a member of the therapeutic correction team for\nthe order at the places and times directed by a member of the\nteam; and\n(d) must receive visits from a member of the therapeutic correction\nteam for the order at the times directed by a member of the team;\nand\n(e) if the young offender’s contact details change—must tell the\nCYP director-general about the change as soon as possible, but\nnot later than 1 day after the day the offender becomes aware of\nthe change of details; and\n(f) must not—\n(i) leave or stay outside the ACT without the permission of the\ncourt for a continuous period of more than 24 hours; and\n(ii) if the court grants the offender permission to leave or stay\noutside the ACT—fail to comply with any condition of the\ncourt’s permission; and\n(g) must—\n(i) appear before the court at the times directed by the court;\nand\n(ii) comply with the directions of the court; and\n(h) must comply with any other reasonable direction of—\n(i) a member of the therapeutic correction team for the order;\nor\n(ii) a person prescribed by regulation.\n\n(2) The court must not amend a condition mentioned in subsection (1).\ncontact details, of a young offender, means the offender’s—\n(a) home address or phone number (if any); and\n(b) work address or phone number (if any); and\n(c) mobile phone number (if any).\n133XO Therapeutic correction conditions\n(1) The therapeutic correction conditions of a therapeutic correction\norder are that a young offender subject to the order—\n(a) must complete a program of treatment set out under a\ntherapeutic correction plan approved by the court; and\n(b) must comply with any other condition imposed by the court as\nnecessary to achieve the purpose of the therapeutic correction\nplan.\n(2) Without limiting subsection (1) (b), the court may impose 1 or more\nof the following conditions, requiring the young offender to:\n(a) submit to medical, psychiatric or psychological treatment that is\nrelevant to the young offender;\n(b) submit to detoxification at a stated facility that is not a\ncorrectional centre;\n(c) participate in counselling or programs for treatment relevant\nto—\n(i) the young offender’s circumstances; or\n(ii) the offending behaviour of the young offender;\n(d) attend meetings with a stated person or class of person for the\ntherapeutic correction order;\n\nTherapeutic correction orders—supervision Division 8A.2A.5\n(e) participate in vocational, educational or employment programs\nor courses;\n(f) submit to alcohol and drug testing;\n(g) not return a positive test sample under alcohol and drug testing.\nNote The court may make an accommodation order in relation to a young\noffender (see pt 8A.3).\npositive, for a test sample for alcohol or a drug—see the Corrections\nManagement Act 2007, section 133.\nDivision 8A.2A.5 Therapeutic correction orders—\nsupervision\n133XP CYP director-general to report breach of therapeutic\ncorrection obligations\n(1) This section applies if the CYP director-general believes on\nreasonable grounds that a young offender has breached any of the\noffender’s therapeutic correction obligations.\n(2) The CYP director-general must report the belief to the sentencing\n(3) A report under this section must be made in writing and set out the\ngrounds for the CYP director-general’s belief.\n133XQ Summons to attend court—breach of therapeutic\ncorrection obligations\n(1) This section applies if information, whether in a report under\nsection 133XP or otherwise, alleging that a young offender has\nbreached any of the offender’s therapeutic correction obligations is\nbefore the sentencing court.\n(2) The sentencing court may issue a summons directing the young\noffender to appear before the court.\n\nDivision 8A.2A.5 Therapeutic correction orders—supervision\n(3) The registrar of the sentencing court must ensure that a copy of the\nsummons is given to the following people:\n(a) the defence;\n(c) the director of public prosecutions.\n133XR Arrest without warrant—breach of therapeutic correction\n(1) This section applies if a police officer believes on reasonable grounds\nthat a young offender has breached any of the offender’s therapeutic\ncorrection obligations.\n(2) The police officer may arrest the young offender without a warrant.\n(3) A police officer who arrests a young offender under this section must,\nas soon as practicable, bring the offender before the sentencing court.\n(4) However, if the sentencing court is not sitting, the police officer must,\nas soon as practicable, bring the young offender before a magistrate\nfor a decision in relation to bail until the offender can be brought\nbefore the sentencing court.\nNote For remanding or granting bail to the offender, see the Bail Act 1992.\n\nTherapeutic correction orders—breach Division 8A.2A.6\n133XS Arrest warrant—breach of therapeutic correction\n(1) A judge or magistrate may issue a warrant for a young offender’s\narrest if satisfied, by information on oath, that there are reasonable\ngrounds for suspecting that the offender has breached any of the\noffender’s therapeutic correction obligations.\n(a) be in writing signed by the judge or magistrate; and\n(d) order the arrest and bringing of the offender before the\nsentencing court.\n(3) A police officer who arrests the offender under the warrant must, as\nsoon as practicable, bring the offender before the sentencing court.\n(4) However, if the sentencing court is not sitting, the police officer must,\nas soon as practicable, bring the offender before a magistrate for a\ndecision in relation to bail until the offender can be brought before\nthe sentencing court.\nNote For remanding or granting bail to the offender, see the Bail Act 1992.\nDivision 8A.2A.6 Therapeutic correction orders—\nbreach\n133XT Breach of therapeutic correction order\n(1) If the sentencing court is satisfied on the balance of probabilities that\na young offender subject to a therapeutic correction order has\nbreached any of the therapeutic correction obligations of the order,\nthe court must make 1 or more of the following orders:\n(a) confirming the therapeutic correction conditions of the order\nwith no further action to be taken on the breach;\n\nDivision 8A.2A.6 Therapeutic correction orders—breach\n(b) giving the offender a warning about the need to comply with the\noffender’s therapeutic correction obligations;\n(c) amending the therapeutic correction plan in accordance with\nsubsection (2);\n(d) cancelling the order and resentencing the offender in any way in\nwhich the court could deal with the offender at the time of\nsentencing.\nNote The court must conduct a review before making an order mentioned in\npar (c) or (d) (see s 133XV (4)).\n(2) The therapeutic correction plan may be amended by adding,\nmodifying or removing plan conditions.\nExamples—therapeutic correction plan condition\n1 frequency or kind of treatment measures\n2 degree of supervision\n3 frequency of drug and alcohol testing\n(3) The court may make an order under this section on its own initiative\n(a) the young offender; or\n(c) a member of the therapeutic correction team; or\n(4) If the court makes an order under this section, the court must, as soon\n(a) the young offender; and\n(5) Failure to comply with subsection (4) does not invalidate the order.\n\nTherapeutic correction orders—review by court Division 8A.2A.7\nDivision 8A.2A.7 Therapeutic correction orders—\nreview by court\n133XU Application—div 8A.2A.7\nThis division applies to the review of a therapeutic correction order.\n133XV Therapeutic correction orders—review\n(1) The sentencing court may review a therapeutic correction order for a\nyoung offender at any time and for any reason if it is satisfied the\nreview is in the interests of justice.\n(2) The court may review a therapeutic correction order—\n(i) the defence; or\n(ii) the CYP director-general; or\n(iii) any other member of the therapeutic correction team.\n(3) The court may carry out a review under this division in any way it\n(4) However, the court must conduct a hearing for a review\nin which the court is considering making an order under\nsection 133XT (1) (c) or (d).\n(5) An entity mentioned in subsection (2) (b) may appear at a hearing of\nthe review.\n(6) The court may, on the review, confirm or amend the order as the court\n\nDivision 8A.2A.7 Therapeutic correction orders—review by court\n(7) If the court amends the order, the court must, as soon as practicable,\nensure that written notice of the review decision, together with a copy\nof the amended order is given to—\n(a) the young offender; and\n(8) Failure to comply with subsection (7) does not invalidate the order as\n(b) if the young offender is not legally represented—the young\n133XW Therapeutic correction orders—CYP director-general\nmust apply for review\nThe CYP director-general must apply to the sentencing court for a\nreview of a young offender’s therapeutic correction order if the\ndirector-general believes on reasonable grounds that a change in the\noffender’s circumstances is likely to substantially affect the\noffender’s ability to comply with the order.\n133XX Therapeutic correction orders—notice of proposed\nreview\n(1) The sentencing court must, as far as practicable, give written notice\nof a proposed review of the young offender’s therapeutic correction\norder to the defence and the other members of the therapeutic\ncorrection team.\n\nTherapeutic correction orders—miscellaneous Division 8A.2A.8\n(b) if a hearing for the review is to be conducted—the time and\nplace for the review.\n(3) Failure to comply with this section does not invalidate the review.\n(b) if the young offender is not legally represented—the young\nDivision 8A.2A.8 Therapeutic correction orders—\nmiscellaneous\n133XY Evidentiary certificates\n(1) A certificate that appears to be signed by or for any of the following,\nand states any matter relevant to anything done or not done under this\npart in relation to a person, is evidence of the matter:\n(a) an assessor;\n(c) the director-general responsible for the Corrections\nManagement Act 2007;\n(d) an analyst appointed under subsection (3).\n(2) The court must accept a certificate mentioned in subsection (1) as\nproof of the matters stated in it if there is no evidence to the contrary.\n(3) The CYP director-general may appoint analysts for this part.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(4) An appointment under subsection (3) is a notifiable instrument.\n\nDivision 8A.2A.8 Therapeutic correction orders—miscellaneous\n133XZ Information exchanges—therapeutic correction team\n(1) This section applies to personal information about a young offender\nheld by a member of the therapeutic correction team that was obtained\nas a result of a therapeutic correction assessment, or the\nadministration or making of a therapeutic correction order for the\n(2) A member of the therapeutic correction team may give the\ninformation to another member of the therapeutic correction team for\nthe purpose of the other member exercising their functions under this\nAct.\ninformation to be given by, or to, a member of the therapeutic\ncorrection team.\nNote A reference to an Act includes a reference to any statutory instruments\nmade or in force under the Act (see Legislation Act, s 104).\npersonal information, about a young offender, means any\ninformation or opinion relating to the offender, whether true or not,\nand whether recorded in a document or not.\n\nYoung offenders—accommodation orders Part 8A.3\nPart 8A.3 Young offenders—\naccommodation orders\n","sortOrder":220},{"sectionNumber":"133Y","sectionType":"section","heading":"Meaning of accommodation order","content":"133Y Meaning of accommodation order\naccommodation order, in relation to a young offender, means an\norder made by a court requiring the young offender to live at the place\nor with the person, whether within or outside the ACT—\n(a) stated in the order; or\n(b) that the director-general from time to time directs.\n(a) if the offender is under 18 years old when the direction is\ngiven—the CYP director-general; and\n(b) in any other case—the director-general responsible, under the\nCrimes (Sentence Administration) Act 2005, for the young\noffender to whom the direction relates.\n","sortOrder":221},{"sectionNumber":"133Z","sectionType":"section","heading":"Accommodation orders—for young offenders convicted","content":"133Z Accommodation orders—for young offenders convicted\nor found guilty\nIf a young offender has been convicted or found guilty of an offence,\nthe court may make an accommodation order for the young offender.\n133ZA Accommodation orders—eligibility\nThe court must not make an accommodation order for a young\noffender unless satisfied that—\n(a) the order would be suitable for the young offender; and\n\nPart 8A.3 Young offenders—accommodation orders\n(b) if the order states that the young offender is to live at a place—\nthe person in charge of the place agrees to accommodate the\nyoung offender at the place; and\n(c) if the order states that the child is to live with a person—\n(i) the person is a suitable person to accommodate the young\n(ii) the person agrees to the young offender living with the\nperson.\n133ZB Accommodation orders—suitability\n(1) In deciding whether to make an accommodation order for a young\nthe young offender given to the court;\n(b) any medical report about the young offender given to the court;\nreport for the young offender or who gave relevant sentencing\n(d) any evidence given by the CYP director-general about the young\n(3) The Court may make, or decline to make, an accommodation order,\nfor a young offender despite—\nrelevant sentencing information, about the appropriateness of an\naccommodation order for the young offender; or\npre-sentence report for the young offender or who gave relevant\n\nYoung offenders—accommodation orders Part 8A.3\n(c) any evidence given by the CYP director-general about the young\n(4) The Court must record reasons for its decision in relation to a young\noffender if—\n(a) a pre-sentence report recommends, or relevant sentencing\ninformation indicates, that an accommodation order be made for\nthe young offender but the court does not make an\naccommodation order; or\n(b) a pre-sentence report recommends, or relevant sentencing\ninformation indicates, that an accommodation order not be made\nfor the young offender but the court makes an accommodation\naccommodation order.\n133ZC Accommodation orders—maximum period\nAn accommodation order must not be longer than 3 years.\n133ZD Accommodation orders—2 or more orders\n(a) a young offender is currently subject to an accommodation order\n(an existing order); and\n(b) the court makes a further accommodation order (a new order).\n(3) However, the new order must not require the young offender to be\naccommodated as stated in the order for longer than 3 years.\n\n","sortOrder":222},{"sectionNumber":"134","sectionType":"section","heading":"Operation of ancillary and restitution orders","content":"134 Operation of ancillary and restitution orders\n(1) In this section:\nfinalised—proceedings in relation to an appeal are finalised if—\n(a) the appeal is dismissed, withdrawn or struck out or ends without\na retrial being ordered and the period for making any further\nappeal against that decision ends; or\n(b) if a retrial is ordered—the proceedings on the retrial are finalised\nwithin the meaning of paragraph (a).\nrelevant order means—\n(a) an ancillary order under—\n(i) section 18 (Non-conviction orders—ancillary orders); or\n(ii) section 58 (Ancillary orders relating to offences taken into\naccount in sentencing); or\n(b) a reparation order.\n(2) A relevant order takes effect on the day after—\n(a) the end of the period for appealing against the conviction or\nfinding of guilt to which the relevant order relates; or\n(b) if an appeal in relation to the conviction or finding of guilt is\nmade within the period for making the appeal—the day\nproceedings in relation to the appeal are finalised.\n(3) However, an appeal court may, on application or its own initiative, if\nsatisfied it is in the interests of justice, order that a relevant order take\neffect on a stated day earlier than the day fixed under subsection (2).\n\nMiscellaneous Chapter 9\n(4) A court may, on application or its own initiative, by order, give such\ndirections as it considers appropriate for—\n(a) the custody of property to which a relevant order relates; or\n(b) the giving of security, with or without sureties, for payment of\nan amount under a relevant order.\n(5) If a conviction or finding of guilt is set aside—\n(a) any relevant order to which the conviction or finding of guilt\nrelates is set aside; and\n(b) an appeal court may make any order it considers appropriate in\nthe interests of justice consequent on any order given under\nsubsection (4).\n(6) An application under this section may be made by the director of\npublic prosecutions or a person whose interests are affected by a\nrelevant order.\n(7) This section is subject to section 61 (Reopening proceedings to\ncorrect penalty errors).\n","sortOrder":223},{"sectionNumber":"135","sectionType":"section","heading":"Reparation—other actions for recovery","content":"135 Reparation—other actions for recovery\n(1) This Act does not abolish or otherwise affect any cause of action that\nanyone may have—\n(a) to recover goods or property; or\n(b) to recover damages for, or be indemnified against, any loss or\nexpense.\n(2) However, in a proceeding in relation to any loss or expense that\nresulted from the commission of an offence, a court must consider\nany amount paid under a reparation order in relation to the\ncommission of the offence.\n\n","sortOrder":224},{"sectionNumber":"136","sectionType":"section","heading":"Information exchanges between criminal justice entities","content":"136 Information exchanges between criminal justice entities\n(1) This section applies to any information in relation to an offence\n(including an alleged offence) in a record of a criminal justice entity,\nincluding information about—\n(a) a person charged with the offence; and\n(b) a victim of the offence; and\n(c) a person convicted or found guilty of the offence.\n(2) The criminal justice entity may give the information to another\ncriminal justice entity for the purposes of the other entity.\ninformation to be given by, or to, a criminal justice entity.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\ncriminal justice entity means any of the following:\n(a) the Supreme Court;\n(b) the Magistrates Court;\n(c) the director-general responsible for this Act;\n(d) the CYP director-general;\n(e) the sentence administration board;\n(f) the director of public prosecutions;\n(g) the chief police officer;\n(h) the victims of crime commissioner;\n(i) any other entity prescribed by regulation.\nvictim, of an offence—see section 47.\n\nMiscellaneous Chapter 9\n","sortOrder":225},{"sectionNumber":"137","sectionType":"section","heading":"Reduction of sentence—appeal if assistance undertaking","content":"137 Reduction of sentence—appeal if assistance undertaking\nbreached\n(1) This section applies if a court imposed a lesser penalty (including a\nshorter nonparole period) on an offender under section 36 (Reduction\nof sentence—assistance to law enforcement authorities) having\nregard to assistance undertaken to be provided by the offender to law\nenforcement authorities.\n(2) If, after the sentence is imposed, the offender does not assist law\nenforcement authorities in accordance with the undertaking, the\ndirector of public prosecutions may, at any time during the term of\nthe sentence, appeal against the inadequacy of the sentence.\n(3) The director of public prosecutions must not appeal unless the\ndirector is of the opinion that the appeal is in the interests of the\nadministration of justice.\n(4) If the court hearing the appeal is satisfied that the offender has\ncompletely failed to assist law enforcement authorities in accordance\nwith the undertaking, the court must substitute for the reduced\nsentence the sentence that it would otherwise have imposed.\n(5) If the court hearing the appeal is satisfied that the offender has partly\nfailed to assist law enforcement authorities in accordance with the\nundertaking, the court may substitute for the reduced sentence the\nsentence it considers appropriate.\n(6) The sentence that may be substituted under subsection (5) must not\nexceed the sentence that may be substituted under subsection (4) if\nthe offender had completely failed to assist law enforcement\nauthorities in accordance with the undertaking.\n","sortOrder":226},{"sectionNumber":"138","sectionType":"section","heading":"Effect of failure to comply with Act","content":"138 Effect of failure to comply with Act\nA failure to comply with this Act may be considered by an appeal\ncourt in any appeal against sentence even if this Act declares that the\nfailure to comply does not invalidate the sentence.\n\n","sortOrder":227},{"sectionNumber":"139","sectionType":"section","heading":"Regulation-making power","content":"139 Regulation-making power\nThe Executive may make regulations for this Act.\n\nSchedule offences Schedule 1\nCrimes Act 1900 Part 1.1\n(see s 61B, def schedule offence)\nPart 1.1 Crimes Act 1900\nitem\n1 Manslaughter 15\n2 Intentionally inflicting grievous bodily harm 19\n3 Recklessly inflicting grievous bodily harm 20\n4 Wounding 21\n5 Assault with intent to commit other offence 22\n6 Inflicting actual bodily harm 23\n7 Assault occasioning actual bodily harm 24\n8 Causing grievous bodily harm 25\n9 Common assault 26\n10 Acts endangering life etc 27\n11 Acts endangering health etc 28\n12 Discharging firearm at building or\nconveyance\n28B\n13 Threat to kill 30\n14 Threat to inflict grievous bodily harm 31\n15 Demands accompanied by threats 32\n16 Possession of object with intent to kill etc 33\n17 Forcible confinement 34\n18 Affray 35A\n19 Kidnapping 38\n20 Money laundering 114B\n\nPart 1.2 Criminal Code\nitem\n21 Possession etc of property suspected of being\nproceeds of crime\n114C\n22 Organised fraud 114D\n23 Destroying or damaging property 116\n24 Arson 117\nPart 1.2 Criminal Code\nitem\n1 Robbery 309\n2 Aggravated robbery 310\n3 Obtaining financial advantage by deception 332\n4 General dishonesty 333\n5 Conspiracy to defraud 334\n6 Blackmail 342\n7 Arson 404\n8 Threat to cause property damage—fear of\ndeath or serious harm\n9 Threat to cause property damage 407\n10 Trafficking in controlled drug 603 (3), (5), (7) and (8)\n11 Manufacturing controlled drug for selling 607 (3) and (5)\n12 Manufacturing controlled drug 609\n13 Selling controlled precursor for manufacture\nof controlled drug\n14 Manufacturing controlled precursor for\nmanufacture of controlled drug\n\nSchedule offences Schedule 1\nCriminal Code Part 1.2\nitem\n15 Possessing controlled precursor 612\n16 Supplying substance, equipment or\ninstructions for manufacturing controlled\ndrug\n17 Possessing substance, equipment or\ninstructions for manufacturing controlled\ndrug\n18 Possessing tablet press 614A\n19 Cultivating controlled plant for selling 616 (3), (5), (7) and (8)\n20 Cultivating controlled plant 618\n21 Selling controlled plant 619 (3), (5), (7) and (8)\n22 Supplying plant material, equipment or\ninstructions for cultivating controlled plant\n23 Possessing plant material, equipment or\ninstructions for cultivating controlled plant\n24 Participating in a criminal group 652\n25 Participating in a criminal group—causing\nharm\n26 Participating in a criminal group—property\ndamage\n27 Recruiting people to engage in criminal\nactivity\n28 Threatening etc witness, interpreter,\nintermediary or juror\n29 Threatening etc participant in criminal\ninvestigation\n709A\n30 Preventing attendance etc of witness,\ninterpreter, intermediary or juror\n31 Preventing production of thing in evidence 711\n\nPart 1.3 Drugs of Dependence Act 1989\nitem\n32 Reprisal against person involved in\nproceeding\n33 Perverting the course of justice 713\n34 Accessory after the fact 717\nPart 1.3 Drugs of Dependence Act 1989\nitem\n1 Sale or supply 164\nPart 1.4 Firearms Act 1996\nitem\n1 Offence—unauthorised possession or use of\nprohibited firearms\n2 Offence—unauthorised possession or use of\nfirearms other than prohibited firearms\n3 Offence—contravention of condition by\nlicensee etc\n4 Offences—trafficking firearms 220\n5 Offence—unlawful disposal of firearms 226\n6 Offence—unlawful acquisition of firearms 227\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• administrative unit\n• adult\n• corrections officer\n• director-general (see s 163)\n• director of public prosecutions\n• doctor\n• entity\n• found guilty\n• head of service\n• law (of the Territory)\n• lawyer\n• Magistrates Court\n• may (see s 146)\n• must (see s 146)\n• oath\n• police officer\n• road transport authority\n• sentence administration board\n• statutory office-holder\n• Supreme Court\n• territory authority\n• victims of crime commissioner\n• working day.\naccommodation order—see section 133Y.\nadditional offence, for part 4.4 (Taking additional offences into\n\nassessor—\n(a) for part 4.2 (Pre-sentence reports)—see section 39A; and\n(b) for part 4.2A (Intensive correction assessments)—see\nsection 46A; and\n(c) for part 4.2B (Drug and alcohol treatment assessments)—see\nsection 46H; and\n(d) for part 8A.2A (Young offenders—therapeutic correction\norders)—see section 133XG (3).\nat, in relation to a correctional centre or detention place, includes in\nthe correctional centre or detention place.\nbail condition—see the Bail Act 1992, dictionary.\nbecause of, an offence, for part 4.3 (Victim impact statements)—see\nsection 47.\ncombination sentence—see section 29 (1) (Combination sentences—\noffences punishable by imprisonment) and section 30 (1)\n(Combination sentences—offences punishable by fine).\ncommunity service condition—\n(a) of a good behaviour order for an offender, for this Act\ngenerally—see section 85; and\n(b) of an intensive correction order for an offender, for\ndivision 5.4.2 (Intensive correction orders—community service\nconditions)—see section 80A.\ncommunity service work—see the Crimes (Sentence Administration)\nAct 2005, section 316.\ncontrolled drug means a controlled drug under the Criminal Code,\nchapter 6 (Serious drug offences).\ncore conditions—\n(a) of a treatment order, for part 5.4A (Drug and alcohol treatment\norders)—see section 80Y; and\n\n(b) of a therapeutic correction order, for part 8A.2A\n(Young offenders—therapeutic correction orders)—see\nsection 133XN (1).\ncorrectional centre means—\n(a) a correctional centre under the Corrections Management\nAct 2007; or\n(b) a NSW correctional centre.\ncourt—\n(a) for this Act generally, if a court has sentenced an offender, made\nan order or given a direction—means the same court, however\nconstituted; and\n(b) for part 4.2B (Drug and alcohol treatment assessments) and\npart 5.4A (Drug and alcohol treatment orders)—means the\nSupreme Court; and\n(c) for part 4.6 (Sentencing—schedule offence with criminal\ngroup)—see section 61B.\ncriminal group, for part 4.6 (Sentencing—schedule offence with\ncriminal group)—see section 61C.\ncriminal intelligence, for part 4.6 (Sentencing—schedule offence\nwith criminal group)—see section 61B.\ncustodial part, of a treatment order—see section 80W.\nCYP director-general means the director-general responsible for the\nChildren and Young People Act 2008.\ndeferred sentence obligations, for an offender—see section 120.\ndeferred sentence order—see section 27 (2).\ndetention place means a detention place under the Children and\nYoung People Act 2008.\ndriver licence disqualification order—see section 16 (2).\n\ndrug and alcohol treatment assessment—see section 46J.\ndrug and alcohol treatment order—see section 12A.\neducation and training condition—see section 133N.\nexisting sentence, for part 5.3 (Imprisonment—concurrent and\nconsecutive sentences)—see section 70 (1).\nfamily violence offence—see the Family Violence Act 2016,\ndictionary.\nfine, for part 5.3 (Imprisonment—concurrent and consecutive\nsentences)—see section 69.\nfine order—see section 14 (2).\ngood behaviour order—see section 13 (2).\nharm, for part 4.3 (Victim impact statements)—see section 47.\nhealth director-general means the director-general responsible for\nthe Health Records (Privacy and Access) Act 1997.\nintensive correction means intensive correction in the community\nunder an intensive correction order.\nintensive correction assessment means an assessment prepared under\npart 4.2A by the director-general about whether an intensive\ncorrection order is suitable for an offender.\nintensive correction order—see section 11.\nlist of additional offences, for part 4.4 (Taking additional offences\ninto account)—see section 55.\nmember—\n(a) in relation to the treatment and supervision team, for part 5.4A\n(Drug and alcohol treatment orders)—see section 80M; and\n(b) in relation to the treatment order team, for part 5.4A (Drug and\nalcohol treatment orders)—see section 80M.\nnon-association order—see section 21.\n\nnon-conviction order—see section 17 (2).\nnonparole period, for a sentence of imprisonment—\n(a) see section 65 (2) (Nonparole periods—court to set); and\n(b) if the nonparole period of the sentence is amended—means the\nnonparole period as amended.\noffender—see section 8.\nparole order—see the Crimes (Sentence Administration) Act 2005,\nsection 117.\nplace restriction order—see section 21.\npre-sentence report means a report—\n(a) for use in a criminal proceeding; and\n(b) prepared by the director-general.\npre-sentence report matter—\n(a) for part 4.2 (Pre-sentence reports)—see section 40A; and\n(b) for a young offender—see section 133E.\nprimary sentence, for part 5.3 (Imprisonment—concurrent and\nconsecutive sentences)—see section 70 (1).\nprimary victim, for part 4.3 (Victim impact statements)—see\nsection 47, definition of victim, paragraph (a).\nprincipal offence, for part 4.4 (Taking additional offences into\nprobation condition, of a good behaviour order for an offender,\nmeans a condition included in the order that, during the period of the\norder, or for a part of that period stated in the order, the offender is—\n(a) to be on probation subject to the supervision of a person\nappointed under the order; and\n\n(b) to obey all reasonable directions of the appointed person.\nExample of directions for par (b)\nthat the offender comply with a condition mentioned in section 13 (4) (g), examples,\neven if the condition is not a condition of the order\nrehabilitation program—\n(a) for a good behaviour order, for this Act generally—see\nsection 93; and\n(b) for an intensive correction order, for division 5.4.3 (Intensive\ncorrection orders—rehabilitation program conditions)—see\nsection 80G.\nrehabilitation program condition—\n(a) of a good behaviour order for an offender, for this Act\ngenerally—see section 93; and\n(b) of an intensive correction order for an offender, for\ndivision 5.4.3 (Intensive correction orders—rehabilitation\nprogram conditions)—see section 80G.\nreparation order means an order under—\n(a) section 19 (3) (Reparation orders—losses and expenses\ngenerally); or\n(b) section 20 (3) or (4) (Reparation orders—stolen property).\nschedule offence, for part 4.6 (Sentencing—schedule offence with\ncriminal group)—see section 61B.\nsentence means—\n(a) when used as a noun—the penalty imposed for an offence; or\n(b) when used as a verb—to impose a penalty for an offence.\n\nsentence of imprisonment includes—\n(a) a sentence of imprisonment that has been imposed but is yet to\nstart; and\n(b) a combination sentence that imposes a penalty of imprisonment\ntogether with another penalty.\nsentence-related order, for part 4.4 (Taking additional offences into\nsentencing court—\n(a) for part 8.2 (Deferred sentence orders—supervision) and\npart 8.3 (Deferred sentence orders—amendment or\ncancellation)—see section 123; and\n(b) for a young offender subject to a therapeutic correction order,\nfor part 8A.2A (Young offenders—therapeutic correction\norders)—see section 133XA.\nsupervision condition—see section 133U.\nsurety, for a good behaviour order for an offender, means a person\nother than the offender who gives security for complying with the\nsuspended sentence order—see section 12 (2).\nterm—if the term of a sentence is amended under the Crimes\n(Sentence Administration) Act 2005, the term of the sentence as\ntherapeutic correction assessment, for part 8A.2A\n(Young offenders—therapeutic correction orders)—see\nsection 133XG (2) (a) (i).\ntherapeutic correction conditions, for part 8A.2A (Young\noffenders—therapeutic correction orders)—see section 133XO (1).\ntherapeutic correction obligations, for part 8A.2A (Young\noffenders—therapeutic correction orders)—see section 133XD.\n\ntherapeutic correction order, for part 8A.2A (Young offenders—\ntherapeutic correction orders)—see section 133XB (2).\ntherapeutic correction plan, for part 8A.2A (Young offenders—\ntherapeutic correction orders)—see section 133XJ (1).\ntherapeutic correction team, for part 8A.2A (Young offenders—\ntherapeutic correction orders)—see section 133XA.\ntreatment and supervision part, of a treatment order—see\nsection 80X.\ntreatment and supervision team, for part 5.4A (Drug and alcohol\ntreatment orders)—see section 80M.\ntreatment order, means a drug and alcohol treatment order.\ntreatment order obligations, of an offender subject to a treatment\norder, for part 5.4A (Drug and alcohol treatment orders)—see\nsection 80P.\ntreatment order team, for part 5.4A (Drug and alcohol treatment\norders)—see section 80M.\ntreatment program, for part 5.4A (Drug and alcohol treatment\norders)—see section 80Z.\ntreatment program conditions, of a treatment order, for part 5.4A\n(Drug and alcohol treatment orders)—see section 80Z.\nvictim, of an offence, for part 4.3 (Victim impact statements)—see\nsection 47.\nvictim impact statement, for an offence, for part 4.3 (Victim impact\nstatements)—see section 47.\nyoung offender—see section 133B.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nCrimes (Sentencing) Act 2005 A2005-58\nnotified LR 2 December 2005\ns 1, s 2 commenced 2 December 2005 (LA s 75 (1))\nremainder commenced 2 June 2006 (s 2 and LA s 79)\nas amended by\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.11\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.11 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nas modified by\nCrimes (Sentencing) Regulation 2006 SL2006-22 sch 1 (as am by\nSL2006-25 s 8)\ntaken to have been notified LR 18 May 2006 (A2006-23, s 4 (3) (a))\ns 1 taken to have commenced 18 May 2006 (LA s 75 (1))\nsch 1 commenced 2 June 2006 (A2006-23 s 4 (3) (b) and see Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nCrimes (Sentencing) Amendment Regulation 2006 (No 1) SL2006-25\ns 8\nnotified LR 1 June 2006\ns 1, s 2 commenced 1 June 2006 (LA s 75 (1))\ns 8 commenced 2 June 2006 (s 2 and see Crimes (Sentencing) Act\n","sortOrder":228},{"sectionNumber":"2005","sectionType":"section","heading":"A2005-58, s 2 and LA s 79)","content":"2005 A2005-58, s 2 and LA s 79)\nNote This regulation only amends the Crimes (Sentencing)\nRegulation 2006 SL2006-22.\nas amended by\nCorrections Management Act 2007 A2007-15 sch 1 pt 1.2\nnotified LR 18 June 2007\ns 1, s 2 commenced 18 June 2007 (LA s 75 (1))\ns 230 commenced 1 August 2007 (LA s 75AA)\nsch 1 pt 1.2 commenced 1 August 2007 (s 2 and CN2007-6)\n\nVictims of Crime Amendment Act 2007 A2007-44 sch 1 pt 1.1\nnotified LR 13 December 2007\ns 1, s 2 commenced 13 December 2007 (LA s 75 (1))\nsch 1 pt 1.1 commenced 20 December 2007 (s 2)\nChildren and Young People Act 2008 A2008-19 sch 1 pt 1.5\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\nsch 1 pt 1.5 commenced 27 February 2009 (s 2 and CN2008-17 (and\nsee CN2008-13))\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 1 pt 1.4, sch 3 pt 3.10, sch 4 pt 4.12\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 1 pt 1.4, sch 4 pt 4.12 commenced 27 February 2009 (s 2 (5) and\nsee Children and Young People Act 2008 A2008-19, s 2 and\nCN2008-13)\nsch 3 pt 3.10 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see\nCN2008-13))\nJustice and Community Safety Legislation Amendment Act 2008\n(No 2) A2008-22 sch 1 pt 1.4\nnotified LR 8 July 2008\ns 1, s 2 commenced 8 July 2008 (LA s 75 (1))\nsch 1 pt 1.4 commenced 29 July 2008 (s 2)\nCrimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.5\nnotified LR 9 September 2008\ns 1, s 2 commenced 9 September 2008 (LA s 75 (1))\nsch 1 pt 1.5 commenced 30 May 2009 (s 2 and CN2009-4)\nDomestic Violence and Protection Orders Act 2008 A2008-46 sch 3\npt 3.6\nnotified LR 10 September 2008\ns 1, s 2 commenced 10 September 2008 (LA s 75 (1))\nsch 3 pt 3.6 commenced 30 March 2009 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2009\nA2009-7 sch 1 pt 1.4\nnotified LR 5 March 2009\ns 1, s 2 commenced 5 March 2009 (LA s 75 (1))\nsch 1 pt 1.4 commenced 6 March 2009 (s 2 (3))\nCrimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.5\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.5 commenced 4 September 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2009\n(No 3) A2009-44 sch 1 pt 1.6\nnotified LR 24 November 2009\ns 1, s 2 commenced 24 November 2009 (LA s 75 (1))\nsch 1 pt 1.6 commenced 25 November 2009 (s 2 (1))\nHealth Legislation Amendment Act 2010 A2010-2 sch 1 pt 1.3\nnotified LR 16 February 2010\ns 1, s 2 commenced 16 February 2010 (LA s 75 (1))\nsch 1 pt 1.3 commenced 16 August 2010 (s 2 and LA s 79)\nCrimes (Sentence Administration) Amendment Act 2010 A2010-21\nsch 1 pt 1.4\nnotified LR 30 June 2010\ns 1, s 2 commenced 30 June 2010 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 July 2010 (s 2)\nVictims of Crime Amendment Act 2010 A2010-29 sch 1 pt 1.1\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\nsch 1 pt 1.1 commenced 28 February 2011 (s 2 and LA s 79)\nCrimes Legislation Amendment Act 2011 A2011-7 pt 3\nnotified LR 16 March 2011\ns 1, s 2 commenced 16 March 2011 (LA s 75 (1))\npt 3 commenced 17 March 2011 (s 2)\nCourts Legislation Amendment Act 2011 A2011-13 sch 1 pt 1.3\nnotified LR 11 May 2011\ns 1, s 2 commenced 11 May 2011 (LA s 75 (1))\nsch 1 pt 1.3 commenced 25 July 2011 (s 2 and CN2011-8)\n\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.46\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.46 commenced 1 July 2011 (s 2 (1))\nCorrections and Sentencing Legislation Amendment Act 2011\nA2011-57 pt 4\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\npt 4 commenced 15 December 2011 (s 2)\nCourts Legislation Amendment Act 2012 A2012-29 sch 1 pt 1.1\nnotified LR 13 June 2012\ns 1, s 2 commenced 13 June 2012 (LA s 75 (1))\namdt 1.3 commenced 13 June 2013 (s 2)\nsch 1 pt 1.1 remainder commenced 13 August 2012 (s 2 and\nCN2012-14)\nCrimes Legislation Amendment Act 2013 A2013-12 pt 4\nnotified LR 17 April 2013\ns 1, s 2 commenced 17 April 2013 (LA s 75 (1))\npt 4 commenced 24 April 2013 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.9\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.9 commenced 14 June 2013 (s 2)\nCrimes (Sentencing) Amendment Act 2013 A2013-36\nnotified LR 24 September 2013\ns 1, s 2 commenced 24 September 2013 (LA s 75 (1))\nremainder commenced 25 September 2013 (s 2)\nCrimes (Sentencing) Amendment Act 2014 A2014-58\nnotified LR 4 December 2014\ns 1, s 2 commenced 4 December 2014 (LA s 75 (1))\nremainder commenced 5 December 2014 (s 2)\n\nCrimes Legislation Amendment Act 2015 A2015-3 pt 6\nnotified LR 2 March 2015\ns 1, s 2 commenced 2 March 2015 (LA s 75 (1))\npt 6 commenced 3 March 2015 (s 2 (1))\nCrimes (Domestic and Family Violence) Legislation Amendment Act\n","sortOrder":229},{"sectionNumber":"2015","sectionType":"section","heading":"A2015-40 sch 1 pt 1.7","content":"2015 A2015-40 sch 1 pt 1.7\nnotified LR 4 November 2015\ns 1, s 2 commenced 4 November 2015 (LA s 75 (1))\nsch 1 pt 1.7 commenced 4 May 2016 (s 2 (2))\nCrimes (Sentencing and Restorative Justice) Amendment Act 2016\nA2016-4 pt 2\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\npt 2 commenced 2 March 2016 (s 2 (1))\nVictims of Crime (Financial Assistance) Act 2016 A2016-12 sch 3\npt 3.2\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 3 pt 3.2 commenced 1 July 2016 (s 2 (1) (a))\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.16\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.16 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nFamily Violence Act 2016 A2016-42 sch 2 pt 2.3, sch 3 pt 3.8 (as am\nby A2017-10 s 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 2 pt 2.3, sch 3 pt 3.8 commenced 1 May 2017 (s 2 (2) as am by\nA2017-10 s 7)\nCrimes (Serious and Organised Crime) Legislation Amendment\nAct 2016 A2016-48 pt 7\nnotified LR 23 August 2016\ns 1, s 2 commenced 23 August 2016 (LA s 75 (1))\npt 7 commenced 24 August 2016 (s 2 (1))\n\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.19\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.19 commenced 1 September 2016 (s 2)\nCrimes Legislation Amendment Act 2017 A2017-6 pt 3\nnotified LR 20 February 2017\ns 1, s 2 commenced 20 February 2017 (LA s 75 (1))\npt 3 commenced 21 February 2017 (s 2)\nCrimes Legislation Amendment Act 2017 (No 2) A2017-9 pt 4\nnotified LR 5 April 2017\ns 1, s 2 commenced 5 April 2017 (LA s 75 (1))\npt 4 commenced 6 April 2017 (s 2)\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nCrimes Legislation Amendment Act 2018 A2018-6 pt 3\nnotified LR 1 March 2018\ns 1, s 2 commenced 1 March 2018 (LA s 75 (1))\npt 3 commenced 2 March 2018 (s 2 (1))\nCrimes (Restorative Justice) Amendment Act 2018 A2018-34 sch 1\nnotified LR 26 September 2018\ns 1, s 2 commenced 26 September 2018 (LA s 75 (1))\nsch 1 commenced 1 October 2018 (s 2)\nSentencing Legislation Amendment Act 2018 A2018-43 pt 3\nnotified LR 8 November 2018\ns 1, s 2 commenced 8 November 2018 (LA s 75 (1))\npt 3 commenced 9 November 2018 (s 2)\n\nRoyal Commission Criminal Justice Legislation Amendment Act 2018\nA2018-46 pt 3, sch 1 pt 1.3\nnotified LR 4 December 2018\ns 1, s 2 commenced 4 December 2018 (LA s 75 (1))\npt 3, sch 1 pt 1.3 commenced 5 December 2018 (s 2)\nRoyal Commission Criminal Justice Legislation Amendment Act 2019\nA2019-6 pt 4\nnotified LR 27 March 2019\ns 1, s 2 commenced 27 March 2019 (LA s 75 (1))\ns 3 commenced 28 March 2019 (LA s 75AA)\npt 4 commenced 1 September 2019 (s 2 (2) and CN2019-15)\nSentencing (Drug and Alcohol Treatment Orders) Legislation\nAmendment Act 2019 A2019-31 pt 6\nnotified LR 9 October 2019\ns 1, s 2 commenced 9 October 2019 (LA s 75 (1))\npt 6 commenced 3 December 2019 (s 2 (1) and CN2019-19)\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.9\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.9 commenced 14 November 2019 (s 2 (1))\nCrimes (Disrupting Criminal Gangs) Legislation Amendment Act 2019\nA2019-43 pt 5\nnotified LR 6 December 2019\ns 1, s 2 commenced 6 December 2019 (LA s 75 (1))\npt 5 commenced 6 June 2020 (s 2 (2) and LA s 79)\nSentencing (Parole Time Credit) Legislation Amendment Act 2019\nA2019-45 pt 3\nnotified LR 6 December 2019\ns 1, s 2 commenced 6 December 2019 (LA s 75 (1))\npt 3 commenced 2 March 2020 (s 2 and CN2020-8)\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.4\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.4 commenced 8 April 2020 (s 2 (1))\n\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.9\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.9 commenced 14 May 2020 (s 2 (1))\nCrimes (Offences Against Vulnerable People) Legislation\nAmendment Act 2020 A2020-41 pt 3\nnotified LR 20 August 2020\ns 1, s 2 commenced 20 August 2020 (LA s 75 (1))\npt 3 commenced 20 April 2021 (s 2)\nJustice Legislation Amendment Act 2020 A2020-42 pt 10\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 10 commenced 10 September 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.7\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\nsch 1 pt 1.7 commenced 20 February 2021 (s 2 (1))\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.8\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.8 commenced 23 June 2021 (s 2 (1))\nCrimes Legislation Amendment Act 2021 (No 2) A2021-18 pt 3\nnotified LR 11 August 2021\ns 1, s 2 commenced 11 August 2021 (LA s 75 (1))\npt 3 commenced 12 August 2021 (s 2 (1))\nOperational Efficiencies (COVID-19) Legislation Amendment Act 2021\nA2021-24 pt 7\nnotified LR 13 October 2021\ns 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))\npt 7 commenced 14 October 2021 (s 2 (1))\n\nFamily Violence Legislation Amendment Act 2022 A2022-13 pt 3\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\npt 3 commenced 17 August 2022 (s 2)\nCrimes Legislation Amendment Act 2023 A2023-33 pt 4, sch 2 pt 2.5\nnotified LR 6 September 2023\ns 1, s 2 commenced 6 September 2023 (LA s 75 (1))\npt 4, sch 2 pt 2.5 commenced 13 September 2023 (s 2)\nSentencing (Drug and Alcohol Treatment Orders) Legislation\nAmendment Act 2023 A2023-40 pt 3\nnotified LR 8 November 2023\ns 1, s 2 commenced 8 November 2023 (LA s 75 (1))\npt 3 commenced 9 November 2023 (s 2)\nJustice and Community Safety Legislation Amendment\nAct 2023 (No 2) A2023-42 pt 5\nnotified LR 8 November 2023\ns 1, s 2 commenced 8 November 2023 (LA s 75 (1))\npt 5 commenced 9 November 2023 (s 2)\nJustice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 pt 5, sch 1 pt 1.3\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\npt 5 commenced 22 November 2023 (s 2 (1))\nsch 1 pt 1.3 commenced 27 March 2024 (s 2 (2) (a))\nCrimes Legislation Amendment Act 2024 A2024-12 pt 5\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 5 commenced 26 April 2024 (s 2 (1))\nCrimes (Sentencing) Amendment Act 2024 A2024-23\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\nremainder commenced 25 May 2024 (s 2)\n\nJustice and Community Safety Legislation Amendment\nAct 2025 (No 3) A2025-22 pt 3\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\npt 3 commenced 13 September 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.26, sch 4\npt 4.49\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.26, sch 4 pt 4.49 commenced 16 November 2025 (s 2 (1),\n(9))\nJustice and Community Safety Legislation Amendment Act 2026\nA2026-4 pt 4\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 4 commenced 23 February 2026 (s 2)\n\nCommencement\ns 2 om LA s 89 (4)\ns 3 am A2008-46 amdt 3.15; A2016-42 amdt 3.44\nPurposes of sentencing\ns 7 am A2008-19 amdt 1.36\nMeaning of offender\ns 8 am A2008-19 amdt 1.37; A2018-43 s 13; A2019-31 s 12, s 13;\nA2021-12 amdt 3.15\nImposition of penalties\ns 9 am A2006-23 amdt 1.136; A2008-19 amdt 1.38, amdt 1.39;\nA2016-4 s 4, s 5; A2023-33 amdt 2.30; A2023-45 s 82\nImprisonment\ns 10 am A2006-23 amdt 1.136; A2008-19 amdt 1.40, amdt 1.41;\nA2014-58 s 4; A2016-4 s 5\nIntensive correction orders\ns 11 am A2006-23 amdt 1.104; A2014-58 s 5\nsub A2016-4 s 7\nSuspended sentences\ns 12 am A2008-19 amdt 1.42; A2019-31 s 14\nDrug and alcohol treatment orders\ns 12A ins A2019-31 s 15\nam A2023-40 ss 6-12\nGood behaviour orders\ns 13 am A2006-23 amdt 1.105; A2008-19 amdt 1.43, amdt 1.44;\nA2009-7 amdt 1.9; A2010-2 amdt 1.4; A2013-19 amdt 3.63;\nA2020-11 amdt 1.29, amdt 1.30; A2021-1 amdt 1.16;\nA2021-24 ss 16-18; ss renum R57 LA\nFines—orders to pay\ns 14 am A2007-44 amdt 1.1; A2008-19 amdt 1.45; A2010-21\namdt 1.5; ss renum R14 LA; A2020-42 s 53; A2024-12 s 7\nFines—security for payment\ns 15A ins A2010-21 amdt 1.6\nDriver licence disqualification orders—motor vehicle theft\ns 16 am A2008-19 amdt 1.46; A2013-19 amdt 3.64\nNon-conviction orders—general\ns 17 am A2008-19 amdt 1.47\n\nNon-conviction orders—ancillary orders\ns 18 am A2006-23 amdt 1.106\nReparation orders—losses and expenses generally\ns 19 am A2013-19 amdt 3.64; A2016-12 amdt 3.2\nDefinitions—pt 3.4\ns 21 def non-association order am A2016-4 s 8\nApplication—pt 3.4\ns 22 am A2016-4 s 9, s 10\nsub A2019-31 s 16\nam A2023-45 s 83\nNon-association and place restriction orders—when may be made\ns 23 am A2008-19 amdt 1.48; A2016-48 s 30, s 31; A2017-9 s 6;\npars renum R39 LA; A2016-42 amdt 3.45\nNon-association and place restriction orders—maximum period\ns 24 am A2016-4 s 11, s 12; A2019-31 s 17; A2023-45 s 84\nNon-association and place restriction orders—explanation and official notice\ns 25 am A2008-19 amdt 1.49\nCombination sentences—offences punishable by imprisonment\ns 29 am A2006-23 amdt 1.136; A2008-19 amdt 1.50, amdt 1.51;\nA2010-2 amdt 1.5; A2014-58 ss 6-8; A2016-4 ss 13-16; pars\nrenum R30 LA; A2018-6 s 12, s 13\nCombination sentences—start and end\ns 31 am A2006-23 amdt 1.136; A2008-19 amdt 1.52; A2018-6 s 14,\ns 15\nSentencing—relevant considerations\ns 33 am A2008-19 amdt 1.53; A2013-12 s 18; pars renum R23 LA;\nA2013-19 amdt 3.65; A2013-36 s 4; A2018-34 amdt 1.1;\nA2020-41 s 7, s 8; A2023-45 amdt 1.27; A2026-4 s 13, s 14\nSentencing—irrelevant considerations\ns 34 am A2013-12 s 19; pars renum R23 LA; A2016-42 amdt 2.3;\nA2018-6 s 16; A2018-46 s 7; A2021-18 s 6\nSentencing—submissions\ns 34AA ins A2024-23 s 4\nSentencing—sexual offences against children\ns 34A ins A2018-46 s 8\nSentencing—family violence offences\ns 34B ins A2021-18 s 7\nReduction of sentence—guilty plea\ns 35 am A2012-29 amdt 1.1\n\nReduction of sentence—assistance in administration of justice\ns 35A ins A2013-36 s 5\nReduction of sentence—statement by court about penalty\ns 37 am A2013-36 s 6, s 7\nSentences of imprisonment and uncompleted young offender orders\ns 38 sub A2008-20 amdt 4.34\nMeaning of assessor—pt 4.2\ns 39A ins A2018-43 s 14\nPre-sentence report matters\ns 40A ins A2007-15 amdt 1.2\nam A2008-19 amdt 1.54; A2013-12 s 20; pars renum R23 LA\nPre-sentence report matters—court alcohol and drug assessment service\ns 40B ins A2013-12 s 21\nPre-sentence reports—order\ns 41 sub A2007-15 amdt 1.2\nam A2008-19 amdt 1.55; A2011-22 amdt 1.145, amdt 1.149;\nA2011-57 s 14; A2012-29 amdt 1.2; ss renum R22 LA;\nA2016-4 s 17, s 18; pars renum R30 LA; A2018-43 s 15;\nss renum R43 LA\nPre-sentence reports by assessors\ns 42 am A2006-23 amdt 1.107; pars renum A2006-23 amdt 1.108\nsub A2007-15 amdt 1.2; A2016-4 ss 19-21; ss renum R30 LA\nPre-sentence reports—powers of assessors\ns 43 am A2007-15 amdt 1.3; A2008-19 amdt 1.56, amdt 1.57;\npars and ss renum R8 LA; A2011-13 amdt 1.3, amdt 1.4;\npars renum R20 LA; A2016-42 amdt 3.46, amdt 3.47\nPre-sentence reports—availability of written reports\ns 45 am A2011-57 s 15\nom A2012-29 amdt 1.3\nIntensive corrections assessments\npt 4.2A hdg ins A2018-43 s 16\nMeaning of assessor—pt 4.2A\ns 46A ins A2018-43 s 16\nApplication—pt 4.2A\ns 46B ins A2018-43 s 16\nIntensive correction assessments—order\ns 46C ins A2018-43 s 16\nam A2020-14 amdt 1.56; A2021-1 amdt 1.17\n(7)-(9) exp 29 September 2023 (s 46C (9))\n\nIntensive correction orders—intensive correction assessment matters\ns 46D ins A2018-43 s 16\nam A2023-33 s 18\nIntensive correction assessments—powers of assessors\ns 46E ins A2018-43 s 16\nIntensive correction assessments—provision to court\ns 46F ins A2018-43 s 16\nIntensive correction assessments—cross-examination\ns 46G ins A2018-43 s 16\nDrug and alcohol treatment assessments\npt 4.2B hdg ins A2019-31 s 18\nMeaning of assessor—pt 4.2B\ns 46H ins A2019-31 s 18\nApplication—pt 4.2B\ns 46I ins A2019-31 s 18\nDrug and alcohol treatment assessments—order\ns 46J ins A2019-31 s 18\nDrug and alcohol treatment assessments—drug and alcohol treatment\nassessment matters\ns 46K ins A2019-31 s 18\nDrug and alcohol treatment assessments—powers of assessors\ns 46L ins A2019-31 s 18\nDrug and alcohol treatment assessments—provision to court\ns 46M ins A2019-31 s 18\nDrug and alcohol treatment assessments—cross-examination\ns 46N ins A2019-31 s 18\nApplication—pt 4.3\ns 48 am A2008-44 amdt 1.45, amdt 1.46\nsub A2009-44 amdt 1.20\nVictim impact statements—who may make\ns 49 am A2008-20 amdt 3.22\nVictim impact statements—form and contents\ns 51 am A2015-3 s 27; ss renum R29 LA\nVictim impact statements—adjournment of proceeding to allow preparation\ns 51A ins A2022-13 s 77\nVictim impact statements—use in court\ns 52 am A2011-7 s 9; A2013-12 s 22; A2015-40 amdt 1.11,\namdt 1.12; A2018-46 amdt 1.3; A2019-6 s 11\n\nVictim impact statements—effect\ns 53 am A2022-13 s 78; ss renum R58 LA\nSentencing—schedule offence with criminal group\npt 4.6 hdg ins A2019-43 s 13\ndiv 4.6.1 hdg ins A2019-43 s 13\nObjects—pt 4.6\ns 61A ins A2019-43 s 13\nDefinitions—pt 4.6\ns 61B ins A2019-43 s 13\ndef court ins A2019-43 s 13\ndef criminal intelligence ins A2019-43 s 13\ndef offender ins A2019-43 s 13\ndef schedule offence ins A2019-43 s 13\nMeaning of criminal group—pt 4.6\ns 61C ins A2019-43 s 13\nApplication—pt 4.6\ns 61D ins A2019-43 s 13\nReview—pt 4.6\ns 61E ins A2019-43 s 13\nexp 6 June 2025 (s 61E (3))\nSchedule offence—criminal group\ndiv 4.6.2 hdg ins A2019-43 s 13\nSchedule offence and criminal group—application\ns 61F ins A2019-43 s 13\nSchedule offence and criminal group—offender’s response\ns 61G ins A2019-43 s 13\nSchedule offence and criminal group—when application must be heard and\ndecided\ns 61H ins A2019-43 s 13\nCourt decision—in connection with criminal group\ns 61I ins A2019-43 s 13\nCourt decision—while associated with criminal group\ns 61J ins A2019-43 s 13\nMaximum penalty for schedule offence\ns 61K ins A2019-43 s 13\nCriminal group—criminal intelligence\ndiv 4.6.3 hdg ins A2019-43 s 13\n\nDisclosure of criminal intelligence\ns 61L ins A2019-43 s 13\nCourt must decide whether classified information is criminal intelligence\ns 61M ins A2019-43 s 13\nConfidentiality of criminal intelligence\ns 61N ins A2019-43 s 13\nDisclosure of criminal intelligence to offender\ns 61O ins A2019-43 s 13\nStart and end of sentences—general rule\ns 62 am A2016-4 s 22; pars renum R30 LA\nApplication—pt 5.2\ns 64 am A2008-19 amdt 1.58; A2014-58 s 9; A2016-4 s 23, s 24; ss\nrenum R30 LA; A2018-43 s 17; A2019-42 amdt 3.11;\nA2019-31 s 19; pars renum R47 LA; A2023-42 s 37;\nA2024-12 s 8; pars renum R64 LA\nNonparole periods—court to set\ns 65 am A2006-23 amdt 1.109; A2023-42 s 38\nNonparole periods—recommended conditions\ns 67 am A2006-23 amdt 1.110\nNonparole periods—appeals\ns 67A ins A2021-18 s 8\nNonparole periods—review of decision on nonparole period\ns 68 am A2006-23 amdt 1.111; A2016-4 s 25\nImprisonment—concurrent and consecutive sentences\npt 5.3 hdg note ins A2019-45 s 20\nDefinitions—pt 5.3\ns 69 def fine sub A2010-21 amdt 1.7\nApplication—pt 5.3\ns 70 am A2008-20 amdt 4.35\nConcurrent and consecutive sentences—general rule\ns 71 am A2006-23 amdt 1.112; A2016-4 s 26\nConcurrent and consecutive sentences—offences while in custody or\nunlawfully absent\ns 72 hdg sub A2006-23 amdt 1.113\ns 72 am A2006-23 amdt 1.114\nAmendment of start of sentences on setting aside or amending other\ns 74 am A2021-18 s 9\n\nIntensive correction orders\npt 5.4 hdg sub A2016-4 s 27\ndiv 5.4.1A hdg ins A2018-43 s 18\nApplication—pt 5.4\ns 76 sub A2016-4 s 27\nreloc A2018-43 s 19\nIntensive correction orders—eligibility and suitability\ndiv 5.4.1 hdg ins A2016-4 s 27\nIntensive correction orders—eligibility\ns 77 am A2008-19 amdt 1.59; ss renum R8 LA\nIntensive correction orders—suitability\ns 78 am A2006-23 amdt 1.115\nam A2018-43 ss 20-22; ss renum R43 LA; A2020-14\namdt 1.57\n(1), note 2 exp 29 September 2023 (s 46C (9))\nIntensive correction orders—intensive correction assessment matters\ns 79 am A2007-15 amdt 1.4\nom A2018-43 s 23\nIntensive correction orders—concurrent and consecutive periods\ns 80 sub A2016-4 s 27\nIntensive correction orders—community service conditions\ndiv 5.4.2 hdg ins A2016-4 s 27\nMeaning of community service condition—div 5.4.2\ns 80A ins A2016-4 s 27\nApplication—div 5.4.2\ns 80B ins A2016-4 s 27\nIntensive correction orders—community service—eligibility\ns 80C ins A2016-4 s 27\nIntensive correction order—community service—suitability\ns 80D ins A2016-4 s 27\nam A2018-43 s 24\nIntensive correction orders—community service—hours to be performed\ns 80E ins A2016-4 s 27\n\nIntensive correction orders—community service—concurrent and\ns 80F ins A2016-4 s 27\nIntensive correction orders—rehabilitation program conditions\ndiv 5.4.3 hdg ins A2016-4 s 27\nDefinitions—div 5.4.3\ns 80G ins A2016-4 s 27\ndef rehabilitation program ins A2016-4 s 27\ndef rehabilitation program condition ins A2016-4 s 27\nApplication—div 5.4.3\ns 80H ins A2016-4 s 27\nIntensive correction orders—rehabilitation programs—eligibility\ns 80I ins A2016-4 s 27\nIntensive correction orders—rehabilitation programs—suitability\ns 80J ins A2016-4 s 27\nam A2018-43 s 25\nIntensive correction orders—rehabilitation programs—maximum period\ns 80K ins A2016-4 s 27\nIntensive correction orders—rehabilitation programs—concurrent and\ns 80L ins A2016-4 s 27\nDrug and alcohol treatment orders\npt 5.4A hdg ins A2019-31 s 20\nPreliminary\ndiv 5.4A.1 hdg ins A2019-31 s 20\nDefinitions—pt 5.4A\ns 80M ins A2019-31 s 20\ndef core conditions ins A2019-31 s 20\ndef member ins A2019-31 s 20\ndef treatment and supervision team ins A2019-31 s 20\ndef treatment order obligations ins A2019-31 s 20\ndef treatment order team ins A2019-31 s 20\ndef treatment program conditions ins A2019-31 s 20\nApplication—pt 5.4A\ns 80N ins A2019-31 s 20\nObjects of drug and alcohol treatment orders\ns 80O ins A2019-31 s 20\nDrug and alcohol treatment orders—general\ndiv 5.4A.2 hdg ins A2019-31 s 20\n\nDrug and alcohol treatment orders—offender obligations\ns 80P ins A2019-31 s 20\nCourt may make ancillary orders to achieve object of treatment order\ns 80Q ins A2019-31 s 20\nDrug and alcohol treatment orders—eligibility and suitability\ndiv 5.4A.3 hdg ins A2019-31 s 20\nApplication—div 5.4A.3\ns 80R ins A2019-31 s 20\nDrug and alcohol treatment orders—eligibility\ns 80S ins A2019-31 s 20\nDrug and alcohol treatment orders—suitability\ns 80T ins A2019-31 s 20\nam A2023-40 s 13\nCourt may remit proceeding\ns 80U ins A2019-31 s 20\nDrug and alcohol treatment orders—content\ndiv 5.4A.4 hdg ins A2019-31 s 20\nContent of treatment orders\ns 80V ins A2019-31 s 20\nDrug and alcohol treatment orders—custodial part\ndiv 5.4A.5 hdg ins A2019-31 s 20\nCustodial part of treatment orders\ns 80W ins A2019-31 s 20\nam A2023-40 s 14, s 15\nDrug and alcohol treatment orders—treatment and supervision part\ndiv 5.4A.6 hdg ins A2019-31 s 20\nTreatment and supervision part of treatment orders\ns 80X ins A2019-31 s 20\nam A2023-40 s 16\nCore conditions\ns 80Y ins A2019-31 s 20\nam A2023-40 s 17; pars renum R61 LA; A2023-45 s 85\nTreatment program conditions\ns 80Z ins A2019-31 s 20\nam A2023-40 s 18, s 19; pars renum R61 LA; A2023-45 s 86\nGood behaviour order to apply after treatment and supervision part ends\ns 80ZA ins A2019-31 s 20\n\nDrug and alcohol treatment orders—breaches etc\ndiv 5.4A.7 hdg ins A2019-31 s 20\nsub A2023-40 s 20\nBreach of treatment order—other than commission of offence\ns 80ZB ins A2019-31 s 20\nam A2023-40 ss 21-23; ss renum R61 LA; A2025-22 ss 5-10\nBreach of treatment order—other than commission of offence—Magistrates\nCourt may make temporary order\ns 80ZBA ins A2025-22 s 11\nProvisional breach of treatment order—offender in custody\ns 80ZC ins A2019-31 s 20\nBreach of treatment order—commission of offence\ns 80ZD ins A2019-31 s 20\nam A2023-40 ss 24-28; ss renum R61 LA\nCancellation of treatment order—unsatisfactory circumstances\ns 80ZE ins A2019-31 s 20\nCancellation of treatment order—satisfactory circumstances\ns 80ZF ins A2019-31 s 20\nDrug and alcohol treatment orders—review by court\ndiv 5.4A.8 hdg ins A2019-31 s 20\nApplication—pt 5.4A.8\ns 80ZG ins A2019-31 s 20\nDrug and alcohol treatment orders—review\ns 80ZH ins A2019-31 s 20\nam A2023-40 s 29, s 30\nDrug and alcohol treatment orders—notice of review\ns 80ZI ins A2019-31 s 20\nDrug and alcohol treatment orders—miscellaneous\ndiv 5.4A.9 hdg ins A2019-31 s 20\nArrest warrant—breach of treatment order obligations\ns 80ZJ ins A2019-31 s 20\nArrest without warrant—breach of treatment order obligations\ns 80ZK ins A2019-31 s 20\nDrug and alcohol treatment orders—outstanding warrants\ns 80ZL ins A2019-31 s 20\nImmunity from criminal liability\ns 80ZM ins A2019-31 s 20\n\nNo appeal against particular decisions\ns 80ZN ins A2019-31 s 20\nEvidentiary certificates\ns 80ZO ins A2019-31 s 20\nam A2025-29 amdt 4.49\nInformation exchanges—treatment order team\ns 80ZP ins A2019-31 s 20\nReview of drug and alcohol treatment order provisions\ns 80ZQ ins A2019-31 s 20\nexp 3 December 2024 (s 80ZQ (2))\nApplication—pt 5.5\ns 81 am A2023-40 s 31\nImprisonment—explanation to offender\ns 82 am A2006-23 amdt 1.136; A2008-19 amdt 1.60; A2016-4 s 28;\nA2019-45 s 21\nImprisonment—official notice of sentence\ns 84 am A2008-19 amdt 1.61, amdt 1.62; A2011-22 amdt 1.145,\namdt 1.149; A2014-58 s 84; A2016-4 ss 29-32; A2019-45\ns 21\nGood behaviour orders—meaning of community service condition\ns 85 hdg sub A2013-19 amdt 3.66; A2016-4 s 33\ns 85 am A2006-23 amdt 1.116; A2008-19 amdt 1.63\nGood behaviour orders—community service—convicted offenders only\ns 87 hdg sub A2016-4 s 34\nGood behaviour orders—community service—eligibility\ns 88 hdg sub A2016-4 s 35\nGood behaviour orders—community service—suitability\ns 89 hdg sub A2016-4 s 36\nGood behaviour orders—community service—pre-sentence report matters\ns 90 hdg sub A2016-4 s 37\ns 90 am A2007-15 amdt 1.5\nGood behaviour orders—community service—hours to be performed\ns 91 hdg sub A2016-4 s 38\ns 91 am A2008-19 amdt 1.64\nGood behaviour orders—community service—concurrent and consecutive\ns 92 hdg sub A2016-4 s 39\ns 92 am A2008-19 amdt 1.65\n\nGood behaviour orders—rehabilitation programs—probation condition\nrequired\ns 95 hdg sub A2016-4 s 40\ns 95 am A2009-7 amdt 1.10\nGood behaviour orders—rehabilitation programs—eligibility\ns 96 hdg sub A2016-4 s 41\nGood behaviour orders—rehabilitation programs—suitability\ns 97 hdg sub A2016-4 s 42\nGood behaviour orders—rehabilitation programs—pre-sentence report\nmatters\ns 98 hdg sub A2016-4 s 43\ns 98 am A2007-15 amdt 1.6\nGood behaviour orders—rehabilitation programs—maximum period\ns 99 hdg sub A2016-4 s 44\nGood behaviour orders—rehabilitation programs—concurrent and\ns 100 hdg sub A2016-4 s 45\nGood behaviour orders—official notice of order\ns 103 am A2008-19 amdt 1.66, amdt 1.67; A2011-22 amdt 1.145,\nGood behaviour—consequences of failure to sign undertaking\ns 105 am A2021-24 s 19\nReparation orders—enforcing non-money order\ns 110A ins A2006-23 amdt 1.117\nReparation orders—Confiscation of Criminal Assets Act\ns 112 am A2006-23 amdt 1.118\nReparation orders—official notice of order\ns 113 am A2008-19 amdt 1.68, amdt 1.69\nMeaning of deferred sentence obligations\ns 115 hdg sub A2013-19 amdt 3.66\nDeferred sentence orders—explanation and official notice\ns 121 am A2008-19 amdt 1.70\nDeferred sentence orders—review\ns 126 am A2008-19 amdt 1.71; A2011-22 amdt 1.145, amdt 1.149\nDeferred sentence orders—notice of review\ns 127 am A2008-19 amdt 1.72; A2011-22 amdt 1.145, amdt 1.149\nDeferred sentence orders—when amendments take effect\ns 129 am A2008-19 amdt 1.73, amdt 1.74; A2011-22 amdt 1.145,\n\nDeferred sentence orders—when cancellation takes effect\ns 130 am A2008-19 amdt 1.75, amdt 1.76; A2011-22 amdt 1.145,\nSentencing young offenders\nch 8A hdg ins A2008-19 amdt 1.77\npt 8A.1 hdg ins A2008-19 amdt 1.77\nPurpose—ch 8A\ns 133A ins A2008-19 amdt 1.77\nMeaning of young offender\ns 133B hdg sub A2013-19 amdt 3.66\ns 133B ins A2008-19 amdt 1.77\nYoung offenders—purposes of sentencing\ns 133C ins A2008-19 amdt 1.77\nYoung offenders—sentencing—additional relevant considerations\ns 133D ins A2008-19 amdt 1.77\nYoung offenders—pre-sentence report matters\ns 133E ins A2008-19 amdt 1.77\nYoung offenders—director-general may give court information about\navailability of resources\ns 133F hdg am A2011-22 amdt 1.145\ns 133F ins A2008-19 amdt 1.77\nYoung offenders—sentences of imprisonment\ns 133G ins A2008-19 amdt 1.77\nYoung offenders—imprisonment to be at detention place\ns 133H ins A2008-19 amdt 1.77\nYoung offenders—non-association and place restriction orders\ns 133I ins A2008-19 amdt 1.77\nYoung offenders—notice of orders to parent etc\ns 133J ins A2008-19 amdt 1.77\nam A2023-45 s 87\nYoung offenders—references to corrections officer\ns 133K ins A2008-19 amdt 1.77\nYoung offenders—good behaviour orders\npt 8A.2 hdg ins A2008-19 amdt 1.77\nYoung offenders—good behaviour orders generally\ndiv 8A.2.1 hdg ins A2008-19 amdt 1.77\n\nYoung offenders—community service—hours to be performed\ns 133L ins A2008-19 amdt 1.77\nam A2016-4 s 46\nYoung offenders—good behaviour orders—conditions\ns 133M ins A2008-19 amdt 1.77\nam A2009-7 amdt 1.11; A2009-24 amdt 1.15\nGood behaviour orders—education and training conditions\ndiv 8A.2.2 hdg ins A2008-19 amdt 1.77\nMeaning of education and training condition\ns 133N hdg sub A2013-19 amdt 3.66\ns 133N ins A2008-19 amdt 1.77\nApplication—div 8A.2.2\ns 133O ins A2008-19 amdt 1.77\nEducation and training conditions—for young offenders convicted or found\nguilty\ns 133P hdg sub A2009-24 amdt 1.16\ns 133P ins A2008-19 amdt 1.77\nEducation and training conditions—eligibility\ns 133Q ins A2008-19 amdt 1.77\nEducation and training conditions—suitability\ns 133R ins A2008-19 amdt 1.77\nEducation and training conditions—maximum period\ns 133S ins A2008-19 amdt 1.77\nEducation and training conditions—2 or more good behaviour orders\ns 133T ins A2008-19 amdt 1.77\nGood behaviour orders—supervision conditions\ndiv 8A.2.3 hdg ins A2008-19 amdt 1.77\nMeaning of supervision condition\ns 133U hdg sub A2013-19 amdt 3.66\ns 133U ins A2008-19 amdt 1.77\nam A2011-22 amdt 1.145, amdt 1.149; A2015-3 s 28\nSupervision conditions—when required\ns 133V ins A2008-19 amdt 1.77\nam A2009-7 amdt 1.12\nSupervision conditions—maximum period\ns 133W ins A2008-19 amdt 1.77\nam A2011-22 amdt 1.145\n\nSupervision conditions—2 or more good behaviour orders\ns 133X ins A2008-19 amdt 1.77\nYoung offenders—therapeutic correction orders\npt 8A.2A hdg ins A2023-45 s 88\nPreliminary\ndiv 8A.2A.1 hdg ins A2023-45 s 88\nDefinitions—pt 8A.2A\ns 133XA ins A2023-45 s 88\ndef assessor ins A2023-45 s 88\ndef core conditions ins A2023-45 s 88\ndef sentencing court ins A2023-45 s 88\ndef therapeutic correction assessment ins A2023-45 s 88\ndef therapeutic correction conditions ins A2023-45 s 88\ndef therapeutic correction obligations ins A2023-45 s 88\ndef therapeutic correction order ins A2023-45 s 88\ndef therapeutic correction plan ins A2023-45 s 88\ndef therapeutic correction team ins A2023-45 s 88\nTherapeutic correction orders—general\ndiv 8A.2A.2 ins A2023-45 s 88\nTherapeutic correction orders\ns 133XB ins A2023-45 s 88\nTherapeutic correction order—maximum period\ns 133XC ins A2023-45 s 88\nTherapeutic correction order—young offender obligations\ns 133XD ins A2023-45 s 88\nCourt may make ancillary orders to achieve object of therapeutic correction\ns 133XE ins A2023-45 s 88\nTherapeutic correction orders—suitability\ndiv 8A.2A.3 hdg ins A2023-45 s 88\nTherapeutic correction orders—requirement for assessment and therapeutic\ncorrection plan\ns 133XF ins A2023-45 s 88\nTherapeutic correction assessments\ns 133XG ins A2023-45 s 88\nTherapeutic correction assessment matters\ns 133XH ins A2023-45 s 88\nTherapeutic correction assessments—powers of assessors\ns 133XI ins A2023-45 s 88\n\nTherapeutic correction assessment—therapeutic correction plan\ns 133XJ ins A2023-45 s 88\nTherapeutic correction assessments—provision to court\ns 133XK ins A2023-45 s 88\nTherapeutic correction assessments—cross-examination\ns 133XL ins A2023-45 s 88\nTherapeutic correction orders—content\ndiv 8A.2A.4 hdg ins A2023-45 s 88\nContent of therapeutic correction order\ns 133XM ins A2023-45 s 88\nCore conditions\ns 133XN ins A2023-45 s 88\nTherapeutic correction conditions\ns 133XO ins A2023-45 s 88\nTherapeutic correction orders—supervision\ndiv 8A.2A.5 hdg ins A2023-45 s 88\nCYP director-general to report breach of therapeutic correction obligations\ns 133XP ins A2023-45 s 88\nSummons to attend court—breach of therapeutic correction obligations\ns 133XQ ins A2023-45 s 88\nArrest without warrant—breach of therapeutic correction obligations\ns 133XR ins A2023-45 s 88\nArrest warrant—breach of therapeutic correction obligations\ns 133XS ins A2023-45 s 88\nTherapeutic correction orders—breach\ndiv 8A.2A.6 hdg ins A2023-45 s 88\nBreach of therapeutic correction order\ns 133XT ins A2023-45 s 88\nTherapeutic correction orders—review by court\ndiv 8A.2A.7 hdg ins A2023-45 s 88\nApplication—div 8A.2A.7\ns 133XU ins A2023-45 s 88\nTherapeutic correction orders—review\ns 133XV ins A2023-45 s 88\nTherapeutic correction orders—CYP director-general must apply for review\ns 133XW ins A2023-45 s 88\n\nTherapeutic correction orders—notice of proposed review\ns 133XX ins A2023-45 s 88\nTherapeutic correction orders—miscellaneous\ndiv 8A.2A.8 hdg ins A2023-45 s 88\nEvidentiary certificates\ns 133XY ins A2023-45 s 88\nInformation exchanges—therapeutic correction team\ns 133XZ ins A2023-45 s 88\nMeaning of accommodation order\ns 133Y am A2015-3 s 29\nYoung offenders—accommodation orders\npt 8A.3 hdg ins A2008-19 amdt 1.77\nMeaning of accommodation order\ns 133Y hdg sub A2013-19 amdt 3.66\ns 133Y ins A2008-19 amdt 1.77\nam A2011-22 amdt 1.145, amdt 1.149\nAccommodation orders—for young offenders convicted or found guilty\ns 133Z hdg sub A2009-24 amdt 1.17\ns 133Z ins A2008-19 amdt 1.77\nAccommodation orders—eligibility\ns 133ZA ins A2008-19 amdt 1.77\nAccommodation orders—suitability\ns 133ZB ins A2008-19 amdt 1.77\nAccommodation orders—maximum period\ns 133ZC ins A2008-19 amdt 1.77\nAccommodation orders—2 or more orders\ns 133ZD ins A2008-19 amdt 1.77\nOperation of ancillary and restitution orders\ns 134 am A2006-23 amdt 1.119; A2007-15 amdt 1.7\nInformation exchanges between criminal justice entities\ns 136 am A2006-23 amdt 1.120, amdt 1.121; A2008-19 amdt 1.78;\npars renum R8 LA; A2010-29 amdt 1.1; A2011-22\namdt 1.145, amdt 1.149; A2016-13 amdt 1.50\nRegulation-making power\ns 139 am A2025-29 amdt 4.49\nTransitional\nch 10 hdg exp 2 June 2011 (s 147 (1))\n\nApplication of Act to offenders charged before and after commencement\ns 140 hdg sub A2006-23 amdt 1.122\ns 140 am A2006-23 amdt 1.123, amdt 1.124\nReferences to charge—s 140\ns 140A ins as mod SL2006-25 mod 1.1\nexp 18 December 2007 (see SL2006-22 s 3 (2))\nins A2008-22 amdt 1.22\nNonparole periods—Rehabilitation of Offenders (Interim) Act, s 31\ns 141 am A2006-23 amdts 1.125-1.127\nReparation orders—Crimes Act, s 350\ns 142 am A2006-23 amdt 1.127\nTransitional regulations\ns 143 am A2006-23 amdt 1.128\nexp 2 June 2008 (s 143 (4))\nCommon law disabilities of convictions abolished\ns 144 ins A2006-23 amdt 1.129\nConstruction of outdated references\ns 145 ins A2006-23 amdt 1.129\nApplication of Legislation Act, s 88\ns 146 ins A2006-23 amdt 1.129\nExpiry of ch 10\ns 147 ins A2006-23 amdt 1.129\nexp 2 June 2011 (s 147 (1))\nTransitional—Children and Young People Act 2008\nch 11 hdg ins A2008-20 amdt 1.4\nMeaning of commencement day—ch 11\ns 200 ins A2008-20 amdt 1.4\nApplication of amendments\ns 201 ins A2008-20 amdt 1.4\n\nTransitional regulations\ns 202 ins A2008-20 amdt 1.4\nexp 27 February 2011 (s 202 (4))\nExpiry—ch 11\ns 203 ins A2008-20 amdt 1.4\nTransitional—Crimes (Sentencing) Amendment Act 2014\nch 12 hdg ins A2014-58 s 11\nApplication of amendments\ns 204 ins A2014-58 s 11\nExpiry—ch 12\ns 205 ins A2014-58 s 11\nDelegation\nch 13 hdg ins A2017-6 s 5\nDelegation\ns 206 ins A2017-6 s 5\nExpiry—ch 13\ns 207 ins A2017-6 s 5\nSchedule offences\nsch 1 ins A2019-43 s 14\nCriminal Code\nsch 1 pt 1.2 hdg sub A2025-29 amdt 3.76\ndict am A2011-22 amdt 1.146; A2013-19 amdt 3.67; A2016-13\namdt 1.51; A2016-52 amdt 1.60; A2018-43 s 26; A2024-12\ns 9\ndef accommodation order ins A2008-19 amdt 1.79\ndef assessor am A2007-15 amdt 1.8\nsub A2018-43 s 27\nam A2019-31 s 21; A2023-45 s 89\ndef at ins A2006-23 amdt 1.130\nsub A2008-19 amdt 1.80\ndef correctional centre am A2013-19 amdt 3.68\ndef chief executive (CYP) ins A2008-19 amdt 1.81\nom A2011-22 amdt 1.147\ndef community service condition sub A2016-4 s 47\n\ndef community service work sub A2006-23 amdt 1.131\ndef core conditions ins A2019-31 s 22\nsub A2023-45 s 90\ndef corrections officer sub A2006-23 amdt 1.132\nom A2024-12 s 10\ndef court sub A2019-31 s 23; A2021-12 amdt 3.16\ndef court, for part 4.6 ins A2019-43 s 15\nom A2021-12 amdt 3.16\ndef criminal group ins A2019-43 s 15\ndef criminal intelligence ins A2019-43 s 15\ndef custodial part ins A2019-31 s 24\ndef CYP director-general ins A2011-22 amdt 1.148\ndef deferred sentence obligations sub A2013-19 amdt 3.69\ndef detention place ins A2008-19 amdt 1.81\ndef domestic violence offence am A2008-46 amdt 3.16\nom A2016-42 amdt 3.48\ndef drug and alcohol treatment assessment ins A2019-31\ns 24\ndef drug and alcohol treatment order ins A2019-31 s 24\ndef education and training condition ins A2008-19\namdt 1.81\ndef family violence offence ins A2016-42 amdt 3.49\ndef health director-general ins A2019-31 s 24\ndef intensive correction ins A2016-4 s 48\ndef intensive correction assessment ins A2018-43 s 28\ndef intensive correction order ins A2016-4 s 48\ndef member ins A2019-31 s 24\ndef offender, for part 4.6 ins A2019-43 s 15\nom A2021-12 amdt 3.17\ndef parole order sub A2006-23 amdt 1.133\ndef periodic detention sub A2006-23 amdt 1.134\nom A2016-4 s 49\ndef periodic detention period am A2006-23 amdt 1.135\nom A2016-4 s 49\ndef pre-sentence report matter ins A2007-15 amdt 1.9\nsub A2008-19 amdt 1.82; A2012-29 amdt 1.4\ndef pre-sentence report order om A2007-15 amdt 1.10\ndef rehabilitation program sub A2016-4 s 50\ndef rehabilitation program condition sub A2016-4 s 50\ndef schedule offence ins A2019-43 s 15\ndef sentencing court sub A2023-45 s 91\ndef supervision condition ins A2008-19 amdt 1.83\ndef therapeutic correction assessment ins A2023-45 s 92\ndef therapeutic correction conditions ins A2023-45 s 92\ndef therapeutic correction obligations ins A2023-45 s 92\ndef therapeutic correction order ins A2023-45 s 92\ndef therapeutic correction plan ins A2023-45 s 92\n\ndef therapeutic correction team ins A2023-45 s 92\ndef treatment and supervision part ins A2019-31 s 24\ndef treatment and supervision team ins A2019-31 s 24\ndef treatment order ins A2019-31 s 24\ndef treatment order obligations ins A2019-31 s 24\ndef treatment order team ins A2019-31 s 24\ndef treatment program ins A2019-31 s 24\ndef treatment program conditions ins A2019-31 s 24\ndef young offender ins A2008-19 amdt 1.83\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n2 June 2006–\nSL2006-25 new Act,\namendments by\nA2006-23 and\nmodifications by\nSL2006-22 as\namended by\nSL2006-25\n1 Aug 2007\n1 Aug 2007–\n18 Dec 2007\nA2007-15 amendments by\nA2007-15\n19 Dec 2007\n19 Dec 2007–\n19 Dec 2007\nA2007-44 commenced expiry\n20 Dec 2007\n20 Dec 2007–\nA2007-44 amendments by\nA2007-44\n3 June 2008–\nA2007-44 commenced expiry\n29 July 2008–\n26 Oct 2008\nA2008-22 amendments by\nA2008-22\n27 Oct 2008\n27 Oct 2008–\n26 Feb 2009\nA2008-46 amendments by\nA2008-20\n27 Feb 2009\n27 Feb 2009–\n5 Mar 2009\nA2008-46 amendments by\nA2008-19 and\nA2008-20\n6 Mar 2009\n6 Mar 2009–\n29 Mar 2009\nA2009-7\n30 Mar 2009\n30 Mar 2009–\nA2008-46\n\nfor\nR11*\n30 May 2009–\n3 Sept 2009\nA2008-44\n4 Sept 2009\n4 Sept 2009–\n24 Nov 2009\nA2009-24 amendments by\nA2009-24\n25 Nov 2009\n25 Nov 2009–\nA2009-44 amendments by\nA2009-44\n1 July 2010–\n15 Aug 2010\nA2010-21 amendments by\nA2010-21\n16 Aug 2010\n16 Aug 2010–\n27 Feb 2011\nA2010-21 amendments by\nA2010-2\n28 Feb 2011\n28 Feb 2011–\n16 Mar 2011\nA2010-29 amendments by\nA2010-29 and\nexpiry of provision\n(s 202)\n17 Mar 2011\n17 Mar 2011–\nA2011-7 amendments by\nA2011-7\n3 June 2011–\nA2011-13 expiry of\nprovisions (ch 10)\n1 July 2011–\nA2011-22 amendments by\nA2011-22\nR20*\n25 July 2011–\n14 Dec 2011\nA2011-22 amendments by\nA2011-13\n15 Dec 2011\n15 Dec 2011–\n12 Aug 2012\nA2011-57 amendments by\nA2011-57\n13 Aug 2012\n13 Aug 2012–\n23 Apr 2013\nA2012-29 amendments by\nA2012-29\n24 Apr 2013\n24 Apr 2013–\nA2013-12 amendments by\nA2013-12\n13 June 2013–\nA2013-12 amendments by\nA2012-29\n14 June 2013–\n24 Sept 2013\nA2013-19 amendments by\nA2013-19\n\nfor\n25 Sept 2013\n25 Sept 2013–\n27 Feb 2014\nA2013-36 amendments by\nA2013-36\n28 Feb 2014\n28 Feb 2014–\n4 Dec 2014\nA2013-36 expiry of\nprovisions (ch 11)\n5 Dec 2014\n5 Dec 2014–\n2 Mar 2015\nA2014-58 amendments by\nA2014-58\n3 Mar 2015\n3 Mar 2015–\n1 Mar 2016\nA2015-3 amendments by\nA2015-3\n2 Mar 2016\n2 Mar 2016–\n31 Mar 2016\nA2016-4 amendments by\nA2016-4\n1 Apr 2016\n1 Apr 2016–\nA2016-13\n4 May 2016–\nA2015-40\n1 July 2016–\nA2016-12\n2 July 2016–\n23 Aug 2016\nA2016-13 expiry of\nprovisions (ch 12)\n24 Aug 2016\n24 Aug 2016–\n31 Aug 2016\nA2016-48 amendments by\nA2016-48\n1 Sept 2016\n1 Sept 2016–\n20 Feb 2017\nA2016-52 amendments by\nA2016-52\n21 Feb 2017\n21 Feb 2017–\n21 Feb 2017\nA2017-6 amendments by\nA2017-6\n22 Feb 2017\n22 Feb 2017–\n5 Apr 2017\nA2017-6 expiry of provisions\n(ch 13)\n6 Apr 2017\n6 Apr 2017–\n30 Apr 2017\nA2017-9 amendments by\nA2017-9\n1 May 2017–\n1 Mar 2018\nA2017-10 amendments by\nA2016-42 as\namended by\nA2017-10\n\nfor\n2 Mar 2018\n2 Mar 2018–\n30 Sept 2018\nA2018-6 amendments by\nA2018-6\n1 Oct 2018\n1 Oct 2018–\n8 Nov 2018\nA2018-34 amendments by\nA2018-34\n9 Nov 2018\n9 Nov 2018–\n4 Dec 2018\nA2018-43 amendments by\nA2018-43\n5 Dec 2018\n5 Dec 2018–\n31 Aug 2019\nA2018-46 amendments by\nA2018-46\n1 Sept 2019\n1 Sept 2019–\n13 Nov 2019\nA2019-6 amendments by\nA2019-6\n14 Nov 2019\n14 Nov 2019–\n2 Dec 2019\nA2019-42 A2019-42\n3 Dec 2019\n3 Dec 2019–\n1 Mar 2020\nA2019-42 amendments by\nA2019-31\n2 Mar 2020\n2 Mar 2020–\n7 Apr 2020\nA2019-45 amendments by\nA2019-45\n8 Apr 2020\n8 Apr 2020–\nA2020-11 amendments by\nA2020-11\n14 May 2020–\nA2020-14 amendments by\nA2020-14\n6 June 2020–\n9 Sept 2020\nA2020-14 amendments by\nA2019-43\n10 Sept 2020\n10 Sept 2020–\n19 Sept 2021\nA2020-42 amendments by\nA2020-42\n20 Feb 2021\n20 Feb 2021–\n19 Apr 2021\nA2021-1 amendments by\nA2021-1\n20 Apr 2021\n20 Apr 2021–\nA2021-1 amendments by\nA2020-41\n23 June 2021–\n11 Aug 2021\nA2021-12 amendments by\nA2021-12\n12 Aug 2021\n12 Aug 2021–\n13 Oct 2021\nA2021-18 amendments by\nA2021-18\n\nfor\n14 Oct 2021\n14 Oct 2021–\n16 Aug 2022\nA2021-24 amendments by\nA2021-24\nR58 (RI)\n24 Nov 2022\n17 Aug 2022–\n12 Sept 2023\nA2022-13 amendments by\nA2022-13\nreissued for textual\ncorrection in\ntable 90\n13 Sept 2023\n13 Sept 2023–\n29 Sept 2023\nA2023-33 amendments by\nA2023-33\n30 Sept 2023\n30 Sept 2023–\n8 Nov 2023\nA2023-33 expiry of provisions\n(s 46C (7)-(9),\ns 78 (1) note 2))\n9 Nov 2023\n9 Nov 2023–\n21 Nov 2023\nA2023-42 amendments by\nA2023-40 and\nA2023-42\n22 Nov 2023\n22 Nov 2023–\n26 Mar 2024\nA2023-45 amendments by\nA2023-45\n27 Mar 2024\n27 Mar 2024–\n25 Apr 2024\nA2023-45 amendments by\nA2023-45\n26 Apr 2024\n26 Apr 2024–\nA2024-12 amendments by\nA2024-12\n25 May 2024–\n3 Dec 2024\nA2024-23 amendments by\nA2024-23\n4 Dec 2024\n4 Dec 2024–\nA2024-23 expiry of provision\n(s 80ZQ)\n7 June 2025–\n12 Sept 2025\nA2024-23 expiry of provision\n(s 61E)\n13 Sept 2025\n13 Sept 2025–\n15 Nov 2025\nA2025-22 amendments by\nA2025-22\n16 Nov 2025\n16 Nov 2025–\n22 Feb 2026\nA2025-29 amendments by\nA2025-29\n\n","sortOrder":230},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions","content":"6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":231}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1163},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2005 scope. Major additions include: drug and alcohol treatment orders (2019), therapeutic correction orders for young offenders (2023), intensive correction order regime overhaul (2016), criminal group sentencing enhancements (2019), and numerous amendments responding to family violence and vulnerable person concerns. The Act has grown from a consolidation of sentencing law into a complex, multi-layered system with specialised pathways for different offender populations."},"complexity_factors":["Extensive cross-referencing with other ACT legislation (Crimes (Sentence Administration) Act 2005, Bail Act 1992, Children and Young People Act 2008, etc.)","Multiple overlapping sentencing regimes with detailed eligibility and suitability requirements (intensive correction orders, drug and alcohol treatment orders, therapeutic correction orders)","Numerous defined terms in dictionary (pages 219–226) with context-specific meanings","Nested conditional logic: e.g., section 11(3) allows intensive correction orders for 2–4 year sentences only if specific factors considered; section 77–78 adds further eligibility layers","Detailed procedural requirements for assessments (pre-sentence reports, intensive correction assessments, drug and alcohol treatment assessments, therapeutic correction assessments) each with specific matters to address","Complex interaction between concurrent and consecutive sentencing rules (Part 5.3) with multiple exceptions","Specialised provisions for young offenders (Chapter 8A) creating parallel sentencing framework","Criminal intelligence provisions (Division 4.6.3) with confidentiality and disclosure restrictions","Multiple review and breach mechanisms with different procedural requirements","Schedule 1 lists specific offences triggering criminal group sentencing enhancements with cross-references to other Acts"],"plain_english_summary":"**What this legislation does:**\n\nThis is the ACT's main law about how courts punish people who commit crimes. It sets out all the sentencing options available to judges and magistrates, and the rules they must follow when deciding penalties.\n\n**Key things it covers:**\n\n- **Sentencing purposes** — courts can impose penalties to punish offenders, deter crime, protect the community, rehabilitate offenders, and recognise harm to victims (section 7)\n\n- **Types of sentences** — including:\n  - Full-time imprisonment in jail\n  - **Intensive correction orders** — serving prison time in the community under strict supervision (up to 4 years)\n  - **Suspended sentences** — prison time that doesn't have to be served if the offender stays out of trouble\n  - **Drug and alcohol treatment orders** — for offenders whose substance dependence contributed to their crime; combines treatment with a suspended prison sentence\n  - **Good behaviour orders** — requiring offenders to sign an undertaking to be of good behaviour, with conditions like community service (20–500 hours), rehabilitation programs, or probation\n  - **Fines** — up to $10,000 in the Supreme Court or $2,000 in the Magistrates Court\n  - **Non-conviction orders** — dismissing charges or ordering good behaviour without recording a conviction\n  - **Reparation orders** — making offenders pay for damage or stolen property\n  - **Non-association and place restriction orders** — banning contact with certain people or entry to certain places\n  - **Deferred sentence orders** — delaying sentencing for up to 12 months to let offenders address their behaviour\n\n- **Combination sentences** — courts can mix multiple penalties together (section 29–31)\n\n- **Special rules for young offenders** (under 18 when offence committed):\n  - Rehabilitation must be given more weight than other sentencing purposes (section 133C)\n  - Imprisonment is a \"last resort\" and must be for the shortest appropriate term (section 133G)\n  - Young offenders serve time in **detention places**, not adult prisons (section 133H)\n  - Special orders available: **therapeutic correction orders** (treatment-focused), **education and training conditions**, **supervision conditions**, and **accommodation orders** (sections 133XA–133ZD)\n\n- **Sentencing considerations** — courts must consider factors like the nature of the offence, harm to victims, offender's background, guilty pleas (which can reduce sentences), and assistance to law enforcement (sections 33–37)\n\n- **Victim impact statements** — victims can tell the court how the crime affected them (sections 47–53)\n\n- **Taking additional offences into account** — offenders can ask courts to consider other uncharged offences when sentencing, avoiding separate prosecutions (Part 4.4)\n\n- **Increased penalties for criminal group involvement** — up to 25% higher maximum penalties for \"schedule offences\" committed in connection with criminal groups (Part 4.6)\n\n**Who it affects:**\n\n- Anyone convicted of a criminal offence in the ACT\n- Victims of crime (through victim impact statements and reparation orders)\n- Young offenders (special sentencing framework)\n- Offenders with drug/alcohol dependencies (treatment order pathway)\n\n**Why it matters:**\n\nThis Act tries to balance punishment with rehabilitation, giving courts flexibility to tailor sentences to individual circumstances while ensuring community safety. It recognises that different offenders need different approaches — from intensive supervision in the community for suitable adults, to treatment-focused orders for those whose offending is linked to substance abuse, to special protections and rehabilitation-focused approaches for young people."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act was intended to consolidate and reform sentencing law, but subsequent amendments have significantly expanded its scope. New sentencing options such as drug and alcohol treatment orders (added in 2019) and therapeutic correction orders for young offenders (added in 2023) were introduced, along with entirely new parts dealing with criminal group offences (part 4.6). These additions go beyond mere consolidation, creating substantial new legal frameworks and increasing the range of court powers and obligations."},"complexity_factors":["Over 230 sections and multiple chapters, parts, divisions, and schedules","Extensive dictionary with more than 60 defined terms, including signpost definitions to other Acts","Frequent cross-references within the Act and to other legislation (e.g., Crimes (Sentence Administration) Act 2005, Criminal Code)","Nested eligibility and suitability criteria for many sentencing options (e.g., intensive correction orders require pre-sentence reports, assessments, and informed consent)","Detailed procedural rules for victim impact statements, pre-sentence reports, and taking additional offences into account","Specialised regimes for drug and alcohol treatment orders and therapeutic correction orders with complex breach, review, and cancellation provisions","Separate chapter for young offenders with additional sentencing considerations and order types (e.g., education and training conditions, accommodation orders)","Part 4.6 adds extra penalties for schedule offences committed in connection with a criminal group, including provisions for criminal intelligence","Multiple amendment histories (70 republications) indicating frequent changes and additions"],"plain_english_summary":"This Act is the main law that sets out how courts in the Australian Capital Territory must decide sentences for criminal offences. It replaces older, scattered sentencing laws with a single framework. The Act lists the different types of penalties a court can impose—such as imprisonment, fines, community service, good behaviour orders, intensive correction orders, drug and alcohol treatment orders, and orders to stay away from certain people or places. It also explains the factors a judge must consider before sentencing, like the seriousness of the offence, the offender's background, and the impact on victims. The Act includes special rules for sentencing young offenders (under 18) and for dealing with offences linked to criminal groups. It affects anyone who is convicted of a crime in the ACT, as well as victims and the broader community. The law matters because it ensures sentences are decided consistently and transparently, and it gives courts a wide range of options to tailor punishments to individual cases."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-sentencing-act-2005","history":"/api/acts/crimes-sentencing-act-2005/history","analysis":"/api/acts/crimes-sentencing-act-2005/analysis","conflicts":"/api/acts/crimes-sentencing-act-2005/conflicts","importantCases":"/api/acts/crimes-sentencing-act-2005/important-cases","documents":"/api/acts/crimes-sentencing-act-2005/documents"}}