{"id":"sentencing-act-1995","name":"Sentencing Act 1995","slug":"sentencing-act-1995","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30498,"registerId":"nt-sentencing-act-1995-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"78D","sectionType":"section","heading":"Offence against section 155A of Criminal Code involving","content":"78D Offence against section 155A of Criminal Code involving\nassault ........................................................................................... 58\n78DAA Offence against section 188A of Criminal Code –\nimprisonment ................................................................................. 59\n78DAB Offence against section 188A of Criminal Code – community\ncorrection order ............................................................................. 59\n78DA Offence against section 189A of Criminal Code –\nimprisonment ................................................................................. 59\n78DBA Offence against section 189A of Criminal Code – community\ncorrection order ............................................................................. 60\n78DB Exceptional circumstances exemption ........................................... 61\n78F Imprisonment for sexual offences .................................................. 61\n78P Interpretation ................................................................................. 62\n79 Assessment orders ........................................................................ 62\n80 Approved treatment facility orders ................................................. 63\n81 Expiration of certain approved treatment facility orders ................. 65\n82 Consent to treatment ..................................................................... 65\n83 Treatment under this Part .............................................................. 66\n84 Custody of admitted person ........................................................... 66\n85 Variation of approved treatment facility orders .............................. 66\n86 Breach of approved treatment facility orders ................................. 67\n87 Application of this Division ............................................................. 67\n88 Orders for restitution and compensation ........................................ 68\n89 Reimbursement of costs of restoring property etc. ........................ 68\n90 Making of order.............................................................................. 68\n91 Application for order ...................................................................... 68\n\nSentencing Act 1995 v\n92 Form of order ................................................................................. 69\n93 Imprisonment for breach of order .................................................. 69\n94 Extension of time of order .............................................................. 70\n97 Orders not to affect other rights ..................................................... 70\n97AA Definitions ...................................................................................... 70\n97AB Court may issue certificate to victim .............................................. 70\n97AC Content of certificate ...................................................................... 71\n97A When court may make order ......................................................... 71\n97B Explanation of order ...................................................................... 72\n97C Commencement of order ............................................................... 72\n97D Contravention of order ................................................................... 72\n97E Variation of order on application .................................................... 73\n97F Variation of order following conviction ........................................... 74\n97G Order may not be extended by variation ........................................ 74\n97H Certain information not to be published or broadcast .................... 74\n98 Cancellation of driver's licence ...................................................... 75\n99 Passport orders ............................................................................. 75\n99A Forfeiture of property orders .......................................................... 76\nDivision 1 Conditions, requirements and signing of\norders\n100 Condition of order to undertake treatment program ....................... 77\n101 Consent of offender to conditional order ........................................ 77\n102 Explanation of orders ..................................................................... 77\n102A Signing of orders ........................................................................... 77\nDivision 2 Information and reports before passing\nsentence\n103 Assessment of offender before certain orders made ..................... 78\n104 Information before passing sentence or making order................... 78\n104A Special provisions regarding cultural information .......................... 78\n105 Court may order pre-sentence report ............................................ 79\n106 Contents of pre-sentence report .................................................... 79\n\nSentencing Act 1995 vi\n106A Definitions ...................................................................................... 80\n106B Victim impact statements and victim reports.................................. 81\n107 Court may take alleged offences into account ............................... 82\n107A Definitions ...................................................................................... 84\n107B Aboriginal experience report .......................................................... 84\n107C Law and Justice Group .................................................................. 85\n107D Application for community court sentencing procedure ................. 86\n107E Community court sentencing procedure ........................................ 86\n107F Information in Aboriginal experience report and responses of\nLaw and Justice Group .................................................................. 87\n108 Time and place of sentence........................................................... 87\n108A Stating and recording requirement for sentence after guilty\nplea ................................................................................................ 88\n110 Sentences not invalidated by failure to comply with procedural\nrequirements.................................................................................. 89\n111 Correction of sentences by Supreme Court ................................... 89\n112 Court may reopen proceeding to correct sentencing errors ........... 90\nPart 8 Appeals against sentence imposed on\nvariation or breach\n113 Appeal against sentence imposed on variation or breach ............. 91\n114 Remission of sentence by Administrator ....................................... 91\n115 Release by Administrator in exercise of prerogative of mercy ....... 93\n116 Penalties for offences may be remitted ......................................... 95\n117 Offender to be before court when sentence imposed .................... 95\n\nSentencing Act 1995 vii\n120 Lesser sentence may be imposed ................................................. 95\n121 Effect of alterations in penalties ..................................................... 95\n122 Maximum penalty for indictable offence dealt with summarily ....... 96\n123 Old offences relevant in determining previous convictions ............ 96\n123A Late guilty plea not relevant for sentencing for offence ................. 97\n124 Abolition of common law bonds ..................................................... 97\n126 Facilitation of proof ........................................................................ 97\n128 Regulations.................................................................................... 97\nDivision 1 Repeal of Acts\n129 Repeal ........................................................................................... 98\n130 Savings and transitional ................................................................ 98\nDivision 3 Transitional matters for Sentencing\nAmendment (Aboriginal Customary Law)\nAct 2004\n131 Application of section 104A ........................................................... 99\nDivision 4 Transitional matters for the Criminal Code\nAmendment (Criminal Damage) Act 2011\n132 Transitional matters for Criminal Code Amendment (Criminal\nDamage) Act 2011......................................................................... 99\nDivision 5 Transitional matters for Justice (Corrections)\nand Other Legislation Amendment Act 2011\n133 Community based orders and community custody orders for\npre-commencement offences ........................................................ 99\nDivision 6 Transitional matters for Justice and Other\nLegislation Amendment Act 2014\n134 Application of section 64 to offences committed before\n135 Application of section 104A to offences committed before\n136 Application of section 107 to offences committed before\n\nSentencing Act 1995 viii\nDivision 7 Transitional matters for Sentencing\nLegislation Amendment Act 2015\n137 Application of amendments ......................................................... 101\nDivision 8 Justice Legislation Amendment (Summary\nProcedure) Act 2015\n138 Definitions .................................................................................... 101\n139 Application of sections 5(2)(ha) and 123A ................................... 102\n140 Application of section 108A ......................................................... 102\nDivision 9 Transitional matter for Criminal Code\nAmendment (Property Offences) Act 2022\n141 Definition aggravated property offence ........................................ 102\nDivision 10 Transitional matters for Sentencing and Other\nLegislation Amendment Act 2022\n142 Definition...................................................................................... 102\n143 Community correction orders and intensive community\ncorrection orders.......................................................................... 103\n144 Mandatory sentencing before and after commencement ............. 103\n145 Application of Act to old orders .................................................... 103\n146 Application of section 5 ................................................................ 104\n147 Application of section 42 .............................................................. 105\n148 Non-parole period for offences committed before the\ncommencement ........................................................................... 105\nDivision 11 Transitional matters for Sentencing\nLegislation Amendment Act 2023\n149 Application of Part 6, Division 3A................................................. 105\nDivision 12 Transitional matter for Criminal Justice\nLegislation Amendment (Sexual Offences) Act\n150 Application of section 5 ................................................................ 106\nDivision 13 Transitional matters for Justice Legislation\nAmendment (Domestic and Family Violence)\nAct 2023\n151 Definitions .................................................................................... 106\n152 Application of amendment to section 6A ..................................... 106\n153 Application of section 52 .............................................................. 107\n\nSentencing Act 1995 ix\nDivision 14 Transitional matters for Justice and Other\nLegislation Further Amendment Act 2024\n154 Definitions .................................................................................... 107\n155 Continuation of approved places for Law and Justice Groups ..... 107\n156 Continuation of appointed members as approved members of\nLaw and Justice Groups .............................................................. 107\nDivision 15 Transitional matters for Sentencing\nAmendment Act 2024\n157 Mandatory sentencing before and after commencement ............. 108\nDivision 16 Transitional matters for Sentencing\nAmendment (Murder) Act 2026\n158 Application of amendments to section 53A .................................. 108\n\n____________________\nAs in force at 1 April 2026\n____________________\nSENTENCING ACT 1995\nAn Act to consolidate the law relating to the sentencing of offenders and\nfor related purposes\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Sentencing Act 1995.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe various provisions of this Act shall come into operation on such\ndate or dates as is or are fixed by the Administrator by notice in the\nGazette.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act:\nAboriginal experience report, for Part 6, Division 3A, see\nsection 107B.\naggravated property offence, see section 78AA.\napproved member, for Part 6, Division 3A, see section 107A.\napproved monitoring device, see section 165 of the Correctional\nServices Act 2014.\napproved project means a rehabilitation program or work, or both,\napproved by the Commissioner under the Correctional Services\nAct 2014.\nCEO (Youth Justice) means the Chief Executive Officer (as\ndefined in section 19 of the Public Sector Employment and\nManagement Act 1993) of the Agency responsible for youth justice.\ncoercive control, see section 5B of the Domestic and Family\n\nSentencing Act 1995 2\nCommissioner means the Commissioner of Correctional Services.\ncommunity correction order means a community correction order\nmade under Part 3, Division 4.\ncommunity court sentencing procedure, for Part 6, Division 3A,\nsee section 107A.\ncommunity youth justice officer, see section 5(1) of the Youth\nJustice Act 2005.\nCourt of Criminal Appeal means the Supreme Court constituted in\naccordance with section 407 of the Criminal Code.\ncustodial correctional facility, see section 11(1)(a) of the\nCorrectional Services Act 2014.\ndomestic relationship, see section 9 of the Domestic and Family\ndomestic violence, see section 5 of the Domestic and Family\ndomestic violence order means an order made in the nature of a\ndomestic violence order under the Domestic and Family Violence\nAct 2007.\ndriver's licence means a licence to drive a motor vehicle granted\nunder the Motor Vehicles Act 1949.\nfamily relationship, see section 10 of the Domestic and Family\nfine means the sum of money payable by an offender under an\norder of a court made on the offender being convicted or found\nguilty of an offence and includes costs but does not include money\npayable by way of restitution or compensation.\nhome detention condition means a condition in an intensive\ncommunity correction order that an offender must:\n(a) reside or remain in premises or a place specified in the order\nfor:\n(i) a period of at least 12 hours per day for each day the\ncondition is in force; or\n(ii) a period of time per day determined by the\nCommissioner for each day the condition is in force; and\n\nSentencing Act 1995 3\n(b) not leave the premises or place specified in the order for the\nperiod mentioned in paragraph (a) except at the times and for\nthe periods as specified in the order or as otherwise permitted\nby the Commissioner or a probation and parole officer; and\n(c) obey the reasonable directions of the Commissioner.\nhospital, see section 5 of the Medical Services Act 1982.\nidentification information, for Part 5, Division 1AA, see\nsection 228A of the Criminal Code.\nimpose a minimum sentence, for Part 3, Division 6A, see\nsection 78CA.\nimpose a term of actual imprisonment, for Part 3, Division 6A,\nsee section 78CB.\nindefinite sentence means a sentence of imprisonment for an\nindefinite term that:\n(a) is to be reviewed under Part 3, Division 5, Subdivision 4; and\n(b) is to continue until a court orders that the indefinite term of\nimprisonment is discharged.\ninstalment order means an order made under Part 3, Division 3\nthat a fine be paid by 2 or more instalments and includes such an\norder as varied under that Division.\nintensive community correction order means an intensive\ncommunity correction order made under Part 3, Division 5,\nSubdivision 2.\nLaw and Justice Group, for Part 6, Division 3A, see\nsection 107C(2).\nmotor vehicle, see section 5(1) of the Motor Vehicles Act 1949.\nnominal sentence means a sentence specified in an order under\nsection 65(5).\nnon-association order, see section 97A(2)(a).\nnon-parole period, in relation to a sentence of imprisonment,\nmeans a period, fixed by or under Part 3, Division 5, Subdivision 3,\nduring which an offender is not eligible to be released on parole.\n\nSentencing Act 1995 4\noperational period, in relation to a sentence of imprisonment\nsuspended under section 40, means the period specified under\nsection 40(6).\noffender means a person found guilty of an offence.\noffensive weapon, for Part 3, Division 6A, see section 78C.\nphysical harm, for Part 3, Division 6A, see section 78C.\nplace restriction order, see section 97A(2)(b).\nprescribed program, for a community correction order or an\nintensive community correction order, means a course, training,\neducation or similar activity prescribed by regulation for the order.\npre-sentence report, for Part 3, Division 4 and Part 3, Division 5,\nSubdivision 2, means a report by the Commissioner under\nsection 103 or 105.\nprobation and parole officer, see section 4 of the Correctional\nServices Act 2014.\nproper officer, in relation to a court, means the officer of the court\nprescribed by the rules of the court or by regulation for the provision\nin which the term is used.\nprosecutor includes the Director of Public Prosecutions.\nregistrar means, as the case requires, a Registrar of the Supreme\nCourt or a registrar of the Local Court.\nrehabilitation program in relation to domestic and family\nviolence means a program declared under section 85A(1) of the\nDomestic and Family Violence Act 2007.\nsexual offence means an offence specified in Schedule 3.\nundertaking means a written undertaking in the prescribed form\ngiven by an offender to a court to conform to an order and to\nconditions of an order of the court.\nvictim, for Part 5, Division 1AA, see section 228A of the Criminal\nCode.\nviolent offence means the following:\n(a) for sections 65, 67, 68 and 74 – see section 65(1);\n\nSentencing Act 1995 5\n(b) for section 52 and Part 3, Division 6A – see section 78C.\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) In this Act, a reference to a right of appeal includes a right to apply\nto obtain leave to appeal.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"4 Application\nThis Act applies to all courts other than the Youth Justice Court\ncontinued in existence by the Youth Justice Act 2005.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Sentencing guidelines","content":"5 Sentencing guidelines\n(1) The only purposes for which sentences may be imposed on an\noffender are the following:\n(a) to punish the offender to an extent or in a way that is just in all\nthe circumstances;\n(b) to provide conditions in the court's order that will help the\noffender to be rehabilitated;\n(c) to discourage the offender or other persons from committing\nthe same or a similar offence;\n(d) to make it clear that the community, acting through the court,\ndoes not approve of the sort of conduct in which the offender\nwas involved;\n(e) to protect the Territory community from the offender;\n(f) a combination of 2 or more of the purposes referred to in this\nsubsection.\nNote for subsection (1)(e)\nThis includes the protection of any person who is in a family relationship or a\ndomestic relationship with the offender.\n(2) In sentencing an offender, a court must have regard to:\n(a) the maximum and any minimum penalty prescribed for the\n\nSentencing Act 1995 6\n(b) the nature of the offence and how serious the offence was,\nincluding any physical, psychological or emotional harm done\nto a victim; and\n(ba) if the offence is a sexual offence:\n(i) whether the victim contracted a sexually transmissible\nmedical condition as a result of the offence; and\n(ii) whether the offender was aware at the time of the\noffence that he or she had a medical condition that could\nbe sexually transmitted; and\n(c) the extent to which the offender is to blame for the offence;\nand\n(d) any damage, injury or loss caused by the offender; and\n(da) any harm done to a community as a result of the offence\n(whether directly or indirectly); and\n(e) the offender's character, age and intellectual capacity; and\n(f) the presence of any aggravating or mitigating factor\nconcerning the offender; and\n(g) the prevalence of the offence; and\n(h) how much assistance the offender gave to law enforcement\nagencies in the investigation of the offence or other offences;\nand\n(ha) the conduct of the offender during the proceedings, including\nthe extent to which the offender complied with a requirement\nimposed on the offender under Part IV, Division 2A of the\nLocal Court (Criminal Procedure) Act 1928; and\n(j) whether the offender pleaded guilty to the offence and, if so,\nthe stage in the proceedings at which the offender did so or\nindicated an intention to do so; and\n(k) time spent in custody by the offender for the offence before\nbeing sentenced, including time the offender resided at a\nspecified place in accordance with a conduct agreement under\nthe Bail Act 1982 that contained a provision mentioned in\nsection 27A(1)(iaa), (iab) or (ia) of that Act; and\n\nSentencing Act 1995 7\n(m) sentences imposed on, and served by, the offender in a State\nor another Territory of the Commonwealth for an offence\ncommitted at, or about the same time, as the offence with\nwhich the court is dealing; and\n(n) sentences already imposed on the offender that have not\nbeen served; and\n(p) sentences that the offender is liable to serve because of the\nrevocation of orders made under this or any other Act for\ncontraventions of conditions by the offender; and\n(q) if the offender is the subject of a community correction order\nor an intensive community correction order, the offender's\ncompliance with the order; and\n(r) anything else prescribed by this Act to which the court is\nrequired to have regard; and\n(s) any other relevant circumstance.\n(3) For subsection (2)(ba):\n(a) a certificate by a medical practitioner that a person has (or had\nat a stated time) a sexually transmissible medical condition is\nevidence of the existence of that condition; and\n(b) the contraction by the victim of the medical condition is to be\ntaken to be a result of the offence if:\n(i) a certificate is tendered that the offender had at the\nrelevant time a sexually transmissible medical condition;\nand\n(ii) evidence is given that the victim contracted the medical\ncondition at a time that is consistent with the medical\ncondition being transmitted from the offender.\n(3A) Despite subsection (2)(e), in sentencing an offender for an offence\nagainst Part V, Division 2 or Part VIA of the Criminal Code, a court\nmust disregard the good character of the offender if:\n(a) the person against whom the offence was committed was, at\nthe time the offence was committed, under 18 years of age;\nand\n\nSentencing Act 1995 8\n(b) the court is satisfied that the offender's alleged good character\nwas of assistance to the offender in the commission of the\nExamples for subsection (3A)(b)\n1 The offender's good character was one reason the offender was selected to\nsupervise children at a camp. The offender began to establish a relationship\nwith children at the camp to obtain their compliance in sexual activities.\n2 A child's parent trusted the offender to care for the child because of the\noffender's authority in their community. The offender held authority in the\ncommunity in part due to the offender's good character. The offender\nsexually abused the child including while the child was in the offender's care.\n(4) In sentencing an offender, a court:\n(a) may have regard to any co-operation by the offender in\nresolving any action taken against the offender under the\nCriminal Property Forfeiture Act 2002 in relation to the offence\nor offences for which the offender is being sentenced; and\n(aa) may have regard to a forfeiture order under the Liquor\nAct 2019 to the extent that the property that is subject to the\norder relates to the offence or offences for which the offender\nis being sentenced; and\n(b) may have regard to a forfeiture order under the Criminal\nProperty Forfeiture Act 2002 to the extent that the order\nrelates to property that is crime-used property (within the\nmeaning of that Act) in relation to the offence or offences for\nwhich the offender is being sentenced; and\n(c) must not make any allowance for any other property that has\nbeen or may be forfeited to the Territory by operation of the\nCriminal Property Forfeiture Act 2002 or in any proceedings\nunder that Act in which the offender is, was or may be a\nrespondent.\n(5) In addition to subsections (2) and (4), in sentencing an offender in\nrelation to an offence that involves domestic violence, a court must\nhave regard to whether there is an unacceptable risk that the\noffender may commit domestic violence against a person.\n\nSentencing Act 1995 9\n(6) If the court is satisfied there is an unacceptable risk that the\noffender may commit domestic violence against a person, in\nsentencing the offender in relation to the offence that involves\ndomestic violence, the court must:\n(a) have regard to whether making an order in relation to the\noffender, including whether a condition of the order, would\nmitigate any unacceptable risk of the offender committing\ndomestic violence against a person; and\n(b) have regard to whether a domestic violence order should be\nmade against the offender to mitigate any unacceptable risk of\nthe offender committing domestic violence against a person;\nand\n(c) if the court makes a domestic violence order against the\noffender – ensure any order or a condition of the order is\nconsistent with any conditions of the domestic violence order;\nand\n(d) if a domestic violence order is in force against the offender at\nthe time of the sentencing:\n(i) have regard to whether any conditions or the duration of\nthe order should be varied; and\n(ii) ensure any order or a condition of the order is consistent\nwith any conditions of the domestic violence order.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Factors to be considered in determining offender's character","content":"6 Factors to be considered in determining offender's character\nIn determining the character of an offender, a court may consider,\namong other things:\n(a) the number, seriousness, date, relevance and nature of any\nprevious findings of guilt or convictions of the offender; and\n(b) the general reputation of the offender; and\n(c) any significant contributions made by the offender to the\n","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Aggravating factors","content":"6A Aggravating factors\n(1) Without limiting section 5(2)(f), any of the following circumstances\nin relation to the commission of an offence may be regarded as an\naggravating factor for that section:\n(a) the offender committed the offence in company with one or\nmore persons;\n\nSentencing Act 1995 10\n(b) the offender was armed with a weapon when committing the\n(c) the offence was committed during a public disturbance;\n(d) the offence was committed without regard to public safety;\n(e) the offence was motivated by hate against a group of people;\n(f) the offence involved violence or the threat of violence;\n(fa) if the offender and the victim are, or were at the time of the\ncommission of the offence, in a domestic relationship:\n(i) the offence included domestic violence in the nature of\nconduct that is physically or sexually abusive; or\n(ii) the offence involved coercive control of the victim; or\n(iii) the offence included domestic violence in the nature of\nexposing a child to conduct that constitutes domestic\nviolence;\n(g) the offence involved more than one victim;\n(ga) a victim of the offence was a police officer or emergency\nworker in the execution of the officer's or worker's duty at the\ntime the offence was committed;\n(gb) the offence included spitting by the offender;\n(h) the offence involved substantial planning and organisation.\n(2) In this section:\nemergency worker, see section 187(2) of the Criminal Code.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Sentencing and other orders","content":"7 Sentencing and other orders\nWhere a court finds a person guilty of an offence, it may, subject to\nany specific provision relating to the offence and this Part, make\none or more of the following sentencing orders:\n(a) without recording a conviction, order the dismissal of the\ncharge for the offence;\n\nSentencing Act 1995 11\n(b) without recording a conviction, order the release of the\noffender;\n(c) record a conviction and order the discharge of the offender;\n(d) record a conviction and order the release of the offender;\n(e) with or without recording a conviction, order the offender to\npay a fine;\n(f) with or without recording a conviction, make a community\ncorrection order for the offender;\n(fa) with or without recording a conviction, make a community\ncorrection order for the offender and order the offender to pay\na fine;\n(g) record a conviction and order that the offender serve a term of\nimprisonment that is suspended by it wholly or partly;\n(h) record a conviction and make an intensive community\ncorrection for the offender;\n(k) impose any sentence or make any order authorised by this or\nany other Act.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Conviction or non-conviction","content":"8 Conviction or non-conviction\n(1) In deciding whether or not to record a conviction, a court must have\nregard to the circumstances of the case including:\n(a) the character, antecedents, age, health or mental condition of\nthe offender; and\n(b) the extent, if any, to which the offence is of a trivial nature; and\n(c) the extent, if any, to which the offence was committed under\nextenuating circumstances.\n(2) Except as otherwise provided by this or any other Act, a finding of\nguilt without the recording of a conviction must not be taken to be a\nconviction for any purpose.\n(3) A finding of guilt without the recording of a conviction:\n(a) does not prevent a court from making any other order that it is\nauthorised to make in consequence of the finding by this or\nany other Act; and\n\nSentencing Act 1995 12\n(b) has the same effect as if one had been recorded for the\npurpose of:\n(i) appeals against sentence; or\n(ii) proceedings for variation or breach of sentence; or\n(iii) proceedings against the offender for a subsequent\n(iv) subsequent proceedings against the offender for the\nsame offence.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Purpose of orders under this Division","content":"9 Purpose of orders under this Division\nAn order may be made under this Division:\n(a) to provide for the rehabilitation of an offender by allowing the\nsentence to be served in the community; or\n(b) to take account of the trivial, technical or minor nature of the\noffence committed; or\n(c) to allow for circumstances in which it is inappropriate to record\na conviction; or\n(d) to allow for circumstances in which it is inappropriate to inflict\nany punishment other than a nominal punishment; or\n(e) to allow for the existence of other extenuating or exceptional\ncircumstances that justify the court showing mercy to an\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Unconditional dismissal","content":"10 Unconditional dismissal\nA court which finds a person guilty of an offence may, without\nrecording a conviction, dismiss the charge.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Unconditional discharge","content":"12 Unconditional discharge\nA court may discharge a person whom it has convicted of an\n\nSentencing Act 1995 13\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Power to fine","content":"16 Power to fine\n(1) If a person is found guilty of an offence, the court may fine the\n(2) The maximum fine that a court may impose is:\n(a) if the only punishment specified for the offence is a sentence\nof imprisonment – a fine calculated in accordance with\nsection 28; or\n(b) if no period of imprisonment is specified for the offence:\n(i) the maximum fine specified for the offence under a\nprovision of this or any other Act that applies to the\n(ii) if there is also no maximum fine specified for the\noffence – 20 penalty units.\n(3) Subsections (1) and (2) do not apply to the extent that a specific\nprovision of an Act provides otherwise.\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Exercise of power to fine","content":"17 Exercise of power to fine\n(1) Where a court decides to fine an offender, it must, in determining\nthe amount of the fine, take into account, as far as practicable:\n(a) the financial circumstances of the offender; and\n(b) the nature of the burden that its payment will impose on the\n(2) A court is not prevented from fining an offender only because it has\nnot been informed about the matters referred to in subsection (1).\n(3) In considering the financial circumstances of an offender, a court\nmust take into account any other order that it or any other court has\nmade or that it proposes to make:\n(a) providing for the confiscation of the proceeds of the crime; or\n(b) requiring the offender to make restitution or pay\ncompensation.\n\nSentencing Act 1995 14\n(4) Where a court considers that:\n(a) it would be appropriate both to impose a fine and to make a\nrestitution or compensation order; and\n(b) the offender has insufficient means to pay both;\nthe court must give preference to restitution or compensation,\nthough it may also impose a fine.\n(5) A court, in fixing the amount of a fine, may have regard to, among\nother things:\n(a) the loss or destruction of or damage to property suffered by a\nperson; and\n(b) the value of any benefit derived by the offender;\nas a result of the offence.\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Aggregate fines","content":"18 Aggregate fines\nWhere a person is found guilty of 2 or more offences which are\nfounded on the same facts or form or are part of a series of\noffences of the same or a similar character, the court may impose\none fine in respect of those offences that does not exceed the sum\nof the maximum fines that could be imposed in respect of each of\nthose offences.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Time for payment of fine","content":"19 Time for payment of fine\nA fine imposed by a court is to be paid within 28 days after it is\nimposed.\n","sortOrder":16},{"sectionNumber":"24","sectionType":"section","heading":"Application of fine etc.","content":"24 Application of fine etc.\nThe whole or any part of a fine, penalty or sum of money which by\nor under an Act is authorised or directed to be imposed on a person\nforms part of, and must be paid into, the Central Holding Authority if\nno other way of appropriating or applying it is prescribed by law.\n","sortOrder":17},{"sectionNumber":"26","sectionType":"section","heading":"Court may order commitment in default","content":"26 Court may order commitment in default\n(1) If a court imposes a fine on an offender under section 16(1), the\nfine may be enforced under the Fines and Penalties (Recovery)\nAct 2001 unless the court orders commitment in default under\nsubsection (2).\n\nSentencing Act 1995 15\n(2) A court may order that if a fine is not paid within 28 days the\noffender is to be imprisoned until his or her liability to pay the fine is\ndischarged.\n(3) If a court makes an order under subsection (2) and the fine is not\npaid within 28 days, the court may issue a warrant of commitment\nin respect of the offender specifying the period of imprisonment\ncalculated on the basis of the amount of the fine as follows:\n(a) the period is to be one day for each amount (or part of that\namount) prescribed for section 88 of the Fines and Penalties\n(Recovery) Act 2001 that comprises the fine;\n(b) the period is not to be less than one day;\n(c) the period is not to exceed 3 months.\n(4) If an offender serves the total period of imprisonment under a\nwarrant under subsection (3), the fine is taken to be satisfied.\n(5) If an offender serves part of the period of imprisonment under a\nwarrant under subsection (3), the fine is to be taken to be partially\nsatisfied by the amount calculated at the rate prescribed for\nsection 88 of the Fines and Penalties (Recovery) Act 2001 for each\nday served.\n(6) Unless otherwise ordered by the court, any period of imprisonment\nthat an offender has to serve as a result of an order under\nsubsection (2) is to be served:\n(a) cumulatively on any incomplete sentence or sentences of\nimprisonment imposed on the offender for the default of a\npayment of a fine or sum of money; and\n(b) concurrently with any incomplete sentence or sentences of\nimprisonment imposed on the offender other than for the\ndefault of a payment of a fine or sum of money, whether the\nother sentence was or the other sentences were imposed\nbefore or at the same time as that term.\n","sortOrder":18},{"sectionNumber":"27","sectionType":"section","heading":"Alternative penalties","content":"27 Alternative penalties\nIf a provision of an Act confers a discretion to impose a fine or a\nperiod of imprisonment on a person as the penalty for the person\ncontravening a provision of an Act, the court, on finding the person\nguilty of the contravention and in accordance with the penalty\nspecified for the contravention, may:\n(a) fine the person; or\n\nSentencing Act 1995 16\n(b) imprison the person; or\n(c) both fine and imprison the person.\n","sortOrder":19},{"sectionNumber":"28","sectionType":"section","heading":"Fine in addition to or instead of imprisonment","content":"28 Fine in addition to or instead of imprisonment\n(1) An offence against an Act for which there is no punishment\nspecified other than a term of imprisonment is punishable in\naddition to or instead of imprisonment by a maximum fine\ncalculated in accordance with subsection (2).\n(2) The maximum fine is calculated by multiplying 100 penalty units by\nthe term of imprisonment expressed:\n(a) in years; or\n(b) if the term is less than 12 months – as a fraction of a year.\n(3) Subsections (1) and (2) do not apply if the specified term of\nimprisonment is life.\n","sortOrder":20},{"sectionNumber":"29","sectionType":"section","heading":"Body corporate fines under penalty provision","content":"29 Body corporate fines under penalty provision\n(1) If a provision of an Act or subordinate legislation specifies a fine for\nan offence but does not expressly differentiate between the fine for\na body corporate and the fine for an individual, the specified fine is\ntaken to be the fine for an individual.\n(2) If a body corporate is found guilty of an offence referred to in\nsubsection (1), the court may impose a maximum fine of an amount\nequal to 5 times the fine specified in the provision.\n","sortOrder":21},{"sectionNumber":"30","sectionType":"section","heading":"Purpose of community correction orders","content":"30 Purpose of community correction orders\nA community correction order may be made under this Division to\nallow for flexibility in the sentencing of an offender by imposing a\nsentence that provides for the offender to be based in the\n","sortOrder":22},{"sectionNumber":"31","sectionType":"section","heading":"When court may make order","content":"31 When court may make order\n(1) A court may make a community correction order under this Division\nfor an offender if the court considers it appropriate.\n(2) The court may make the community correction order in addition to\nimposing a fine on the offender but not in addition to a sentence of\na term of imprisonment.\n\nSentencing Act 1995 17\n","sortOrder":23},{"sectionNumber":"32","sectionType":"section","heading":"Duration of order and day order commences","content":"32 Duration of order and day order commences\n(1) A community correction order commences on the day it is made.\n(2) The period a community correction order is in force must not\nexceed 2 years.\n","sortOrder":24},{"sectionNumber":"33","sectionType":"section","heading":"Statutory conditions of order","content":"33 Statutory conditions of order\nA community correction order is subject to the following conditions:\n(a) the offender must not, during the period the order is in force,\ncommit another offence (whether in or outside the Territory)\npunishable on conviction by imprisonment;\n(b) the offender must be of good behaviour for the period the\norder is in force.\n","sortOrder":25},{"sectionNumber":"34","sectionType":"section","heading":"Conditions of order imposed by court","content":"34 Conditions of order imposed by court\n(1) Subject to this section and section 35, a court may impose\nconditions on a community correction order, including the following:\n(a) subject to section 36 – the offender must participate, for the\nand parole officer;\n(b) the offender must satisfactorily complete a rehabilitation\nprogram in relation to domestic and family violence;\n(c) another condition prescribed by regulation;\n(d) any other condition the court considers appropriate.\nNote for subsection (1)(b)\nSection 5(5) and (6) sets out the sentencing guidelines for sentencing an\n(2) Despite section 101, the court may impose the condition mentioned\nin subsection (1)(b) without the offender's consent.\n(3) The regulations may make provision about matters in relation to the\ncondition mentioned in subsection (1)(b).\n(4) The court must not impose a home detention condition on a\ncommunity correction order.\n\nSentencing Act 1995 18\n","sortOrder":26},{"sectionNumber":"35","sectionType":"section","heading":"Condition requiring monitoring","content":"35 Condition requiring monitoring\n(1) A court must not make a community correction order in relation to\nan offender subject to a condition of a type that requires the\nCommissioner (or a probation and parole officer) to monitor\ncompliance with the condition unless the court has had regard to a\npre-sentence report in relation to the offender.\n(2) A report under subsection (1) may be in writing or given orally to the\n(3) If the court makes an order subject to a condition of a type that\nrequires the Commissioner (or a probation and parole officer) to\nmonitor compliance with the condition, the offender must comply\nwith Chapter 4 of the Correctional Services Act 2014 and any\nregulations made for that Chapter.\n","sortOrder":27},{"sectionNumber":"36","sectionType":"section","heading":"Condition to participate in approved project","content":"36 Condition to participate in approved project\nA court must not make a community correction order in relation to\nan offender subject to the condition mentioned in section 34(1)(a)\nunless the court:\n(a) has been notified by the Commissioner that arrangements\nhave been or will be made for the offender to participate in an\napproved project under the order; and\n(b) is satisfied that:\n(i) the offender is a suitable person to participate in the\napproved project; and\n(ii) the project is approved and can be provided under the\narrangements referred to in paragraph (a) for the\noffender to carry out.\n","sortOrder":28},{"sectionNumber":"37","sectionType":"section","heading":"Copy of order to be given to offender and Commissioner","content":"37 Copy of order to be given to offender and Commissioner\nA court must give a copy of a community correction order to the\n(a) the offender to whom it applies;\n(b) if the order is subject to a condition of a type that requires the\nCommissioner (or a probation and parole officer) to monitor\ncompliance with the condition – the Commissioner.\n\nSentencing Act 1995 19\n","sortOrder":29},{"sectionNumber":"38","sectionType":"section","heading":"Orders for more than one offence","content":"38 Orders for more than one offence\n(1) If a court makes separate community correction orders for 2 or\nmore offences committed by the offender, the conditions of the\norders are concurrent unless the court otherwise directs.\n(2) The conditions of the community correction order made for the\noffender are, unless the court otherwise directs, concurrent with\nthose of any other community correction order already in force for\nthe offender.\n","sortOrder":30},{"sectionNumber":"39","sectionType":"section","heading":"Revocation or variation of order on application","content":"39 Revocation or variation of order on application\n(1) A court which has made a community correction order in relation to\nan offender may, on application by the Commissioner or offender:\n(a) revoke the community correction order and deal with the\noffender as if the offender had come before the court for\nsentence for the offence for which the order was made; or\n(b) vary the conditions of the community correction order; or\n(c) confirm the community correction order.\n(2) If the Commissioner makes the application:\n(a) the court must summons the offender to appear before the\ncourt at a specified time and place for hearing the application;\nand\n(b) if the offender does not appear in answer to the summons –\nthe court may issue a warrant for the offender's arrest.\n(3) If the offender makes the application, the court may only make an\norder under subsection (1) if the court is satisfied that the offender\nis not able to comply with a condition of the order because of a\nmaterial change in the offender's circumstances.\n(4) If the offender makes the application, the court must give notice to\nthe Commissioner of:\n(a) the application; and\n(b) the time and place fixed for hearing the application.\n(5) In deciding how to deal with the offender under subsection (1)(a),\nthe court must take into account:\n(a) the extent to which the offender has complied with the order;\nand\n\nSentencing Act 1995 20\n(b) any fine imposed when the order was made; and\n(c) any report of the Commissioner.\n(6) In addition, in making an order under subsection (1), the court may\ntake into account:\n(a) whether the offender is in custody on a charge for another\n(b) whether the offender's behaviour is such that the offender's\ncompliance with the terms of the order is impracticable.\n","sortOrder":31},{"sectionNumber":"39A","sectionType":"section","heading":"Breach of community correction order","content":"39A Breach of community correction order\n(1) If a justice of the peace is satisfied on information on oath that an\noffender has breached a condition of a community correction order,\nthe justice of the peace may:\n(a) issue to the offender a summons to appear before a court on a\ndate and at a time specified in the summons to show cause\nwhy the offender should not be further dealt with under this\nDivision; or\n(b) if the justice of the peace is satisfied that the offender may not\nappear before the court in response to a summons – issue a\nwarrant for the arrest of the offender.\n(2) The justice of the peace may issue the summons or warrant under\nsubsection (1):\n(a) if the offender has breached a condition of the community\ncorrection order that is still in force; or\n(b) within 2 years after the community correction order ceases to\nbe in force, if the offender had breached a condition of the\norder when it was in force.\n(3) If the offender fails to attend before the court in accordance with a\nsummons, the court may issue a warrant for the offender's arrest.\n(4) A police officer who suspects on reasonable grounds the offender\nhas breached a condition of the order may arrest the offender\nwithout a warrant.\n(5) A police officer may, using reasonable force if necessary, enter any\nplace to arrest the offender.\n(6) For sections 137 and 138 of the Police Administration Act 1978, a\nbreach of a condition of the order is taken to be an offence.\n\nSentencing Act 1995 21\n","sortOrder":32},{"sectionNumber":"39B","sectionType":"section","heading":"Court orders following breach","content":"39B Court orders following breach\n(1) If a court is satisfied that an offender breached a condition of a\ncommunity correction order, the court may:\n(a) if the order is still in force:\n(i) confirm the order; or\n(ii) vary the conditions of the order; or\n(iii) revoke the order and deal with the offender for the\noffence for which the order was made as if it had just\nfound the offender guilty of the offence; or\n(iv) subject to subsection (2) – extend the period of the\n(v) confirm the discharge of the order and take no further\naction; or\n(b) if the order is no longer in force:\n(i) deal with the offender for the offence for which the order\nwas made as if it had just found the offender guilty of the\n(ii) confirm the discharge of the order and take no further\naction.\n(2) For subsection (1)(a)(iv), the court may only extend the period of\nthe order to provide for the order to be in force for no longer than\n2 years in total.\n(3) For subsection (1)(b)(i), the court may, in dealing with the offender,\ntake into account the extent to which the offender had complied\nwith the order before the offender breached the condition of the\n(4) If an offender has breached a condition of a community correction\norder because the offender committed domestic violence, the court\nmust take into account the matters mentioned in section 5(5)\nand (6) when considering the breach as if the court is sentencing\nthe offender for an offence that involves domestic violence.\n(5) If the court revokes the order, or the order is no longer in force, and\nthe court had made an order under section 25M or 25R of the Motor\nVehicles Act 1949 for the offender (the MVA order), the court may\nrevoke the MVA order.\n\nSentencing Act 1995 22\n(6) If the court revokes the MVA order for the offender and a licence\nwas granted under the Motor Vehicles Act 1949 because of an\napplication made under the MVA order:\n(a) the licence is cancelled; and\n(b) the court must give notice of the cancellation to the Registrar\nof Motor Vehicles; and\n(c) for the revocation of the MVA order made under section 25R\nof the Motor Vehicles Act 1949:\n(i) all disqualifications applying to the offender in relation to\nholding a licence, or the offender's ability to apply for a\nlicence or renewal of a licence, under that Act when the\nMVA order was made are reinstated as if the MVA order\nhad not been made; and\n(ii) the demerit points entered in the register against the\noffender's name for offences committed in the Territory\nthat ceased to have effect under section 25S(1)(b) of\nthat Act when the MVA order was made are again active\ndemerit points for that Act.\n(7) To avoid doubt, the period from the making of the MVA order to its\nrevocation must be disregarded in working out the reinstated\ndisqualifications applying to the offender.\n","sortOrder":33},{"sectionNumber":"39C","sectionType":"section","heading":"Records as evidence","content":"39C Records as evidence\nA matter contained in the following records produced to a court in a\nproceeding under this Division is, as far as it is applicable, evidence\nof an offender's activities:\n(a) records generated by or through an approved monitoring\ndevice;\n(b) records comprising the notebooks or diaries of a probation\n","sortOrder":34},{"sectionNumber":"39D","sectionType":"section","heading":"Certain costs recoverable by Territory","content":"39D Certain costs recoverable by Territory\nIf an offender destroys or damages an approved monitoring device\nor associated device, machine or equipment:\n(a) the offender is liable to pay the costs of restoring or replacing\nthe device, machine or equipment; and\n(b) the costs may be recovered from the offender as a debt\npayable to the Territory.\n\nSentencing Act 1995 23\n","sortOrder":35},{"sectionNumber":"40","sectionType":"section","heading":"Suspended sentence of imprisonment","content":"40 Suspended sentence of imprisonment\n(1) A court which sentences an offender to a term of imprisonment of\nnot more than 5 years may make an order suspending the sentence\nwhere it is satisfied that it is desirable to do so in the circumstances.\n(2) An order suspending a sentence of imprisonment may suspend the\nwhole or a part of the sentence and the order may be subject to\nsuch conditions as the court thinks fit.\nNote for subsection (2)\nFor example, the order could be subject to a condition mentioned in the\nRegulations for a community correction order or an intensive community\ncorrection order.\n(3) A court must not impose a suspended sentence of imprisonment\nunless the sentence of imprisonment, if unsuspended, would be\nappropriate in the circumstances having regard to this Act.\n(4) Where an offender is convicted of more than one offence in the\nsame proceeding, a court may only make an order suspending a\nsentence of imprisonment imposed by it where the aggregate\nperiod of imprisonment imposed in respect of all the offences does\nnot exceed 5 years.\n(5) A wholly suspended sentence of imprisonment is taken to be a\nsentence of imprisonment for all enactments except an enactment\nproviding for disqualification for, or loss of, office or the forfeiture or\nsuspension of pensions or other benefits.\n(6) A court must specify in an order suspending a sentence of\nimprisonment a period of not more than 5 years from:\n(a) if the whole of the sentence is suspended – the date of the\n(b) if a part of the sentence is suspended – the date specified in\nthe order;\nduring which the offender is not to commit another offence\npunishable by imprisonment if the offender is to avoid being dealt\nwith under section 43.\n(7) Where an offender is ordered to serve the whole or part of a wholly\nsuspended sentence of imprisonment under section 43, then, for\n\nSentencing Act 1995 24\nany enactment providing for disqualification for, or loss of, office or\nthe forfeiture or suspension of pensions or other benefits, the\noffender is taken to have been sentenced to imprisonment on the\nday on which the order was made under that section.\n(8) A partly suspended sentence of imprisonment is taken, for all\npurposes, to be a sentence of imprisonment for the whole term\nstated by the court.\n(9) For this section, a suspended sentence of imprisonment imposed\non an offender on appeal is taken to have been imposed by the\nappellate court.\n(10) Despite subsection (9), where a suspended sentence of\nimprisonment is imposed on an offender on appeal, an application\nunder this subdivision that may be made to a court may be made to\nthe court whose order was appealed against and that court may\ndeal with the offender even if the court is not the court that imposed\nthe sentence.\n","sortOrder":36},{"sectionNumber":"41","sectionType":"section","heading":"Effect of suspended sentence","content":"41 Effect of suspended sentence\nAn offender in respect of whom a suspended sentence has been\nimposed under section 40 has to serve the sentence or part\nsentence held in suspense only if he or she is ordered to do so\nunder section 43.\n","sortOrder":37},{"sectionNumber":"42","sectionType":"section","heading":"Variation of order conditionally suspending sentence","content":"42 Variation of order conditionally suspending sentence\n(1) A court which has made an order wholly or partially suspending a\nsentence of imprisonment on certain conditions may, on application\nunder this subsection, if satisfied that a circumstance in\nsubsection (2) applies:\n(a) cancel the order and deal with the offender as if the offender\nhad come before the court for sentence for the offence for\nwhich the order was made; or\n(b) vary the conditions of the order; or\n(c) confirm the order.\n(2) For subsection (1), the circumstances are:\n(a) the offender is not able to comply with a condition of the order\nbecause of a material change in the offender's circumstances;\nor\n(b) the offender has failed or is no longer willing to comply with a\ncondition of the order.\n\nSentencing Act 1995 25\n(3) An application under subsection (1) may be made at any time by:\n(a) the offender; or\n(b) a prescribed person or a member of a prescribed class of\npersons; or\n(c) the prosecutor.\n(4) Notice of an application under subsection (1) must be given to:\n(a) the offender; and\n(b) where the sentencing court was:\n(i) the Supreme Court, the Director of Prosecutions; or\n(ii) the Local Court, the complainant or informant.\n(5) A court may order that a warrant be issued to arrest an offender\n(6) In deciding how to deal with the offender under subsection (1)(a),\nthe court must take into account the extent to which the offender\nhas complied with the order.\n","sortOrder":38},{"sectionNumber":"43","sectionType":"section","heading":"Breach of order suspending sentence","content":"43 Breach of order suspending sentence\n(1) Where:\n(a) while an order suspending a sentence of imprisonment under\nsection 40 is in force; or\n(b) within the period of 2 years after the expiry of the operational\nperiod of a suspended sentence;\nit appears to a prescribed person or a member of a prescribed class\nof persons that, during the operational period, the offender\ncommitted another offence against a law in force in the Territory or\nelsewhere that is punishable by imprisonment, he or she may\napply, in the prescribed form, to the court which sentenced the\noffender for an order under this section.\n(2) Where it appears to a prescribed person, or a member of a\nprescribed class of persons, that an offender has breached a\ncondition to which an order suspending a sentence imposed on the\noffender is subject, he or she may apply, whether or not the order is\nstill in force, in the prescribed form, to the court which sentenced\nthe offender for an order under this section.\n\nSentencing Act 1995 26\n(3) Where an application is made under subsection (1) or (2):\n(a) notice of the application must be given to the offender; or\n(b) where the Court is satisfied:\n(i) for an application under subsection (1) – that, during the\noperational period of the suspended sentence, the\noffender committed another offence against a law in\nforce in the Territory or elsewhere that is punishable by\nimprisonment and that the offender may not appear; or\n(ii) for an application under subsection (2) – that the\noffender has breached a condition to which the order\nsuspending the sentence is subject and that the offender\nmay not appear;\nthe Court may issue a warrant for the arrest of the offender.\n(4) The court may, on the hearing of an application under this section,\norder that a warrant be issued to arrest an offender where the\noffender does not attend before the court on the hearing of the\napplication.\n(4AA) A police officer who suspects, on reasonable grounds, that an\noffender has breached a condition to which an order suspending a\nsentence imposed on the offender is subject may, without warrant,\narrest the offender.\n(4AB) For the application of sections 137 and 138 of the Police\nAdministration Act 1978, a breach of a condition to which an order\nsuspending a sentence imposed on an offender is subject is to be\ntaken to be an offence.\n(4A) Where:\n(a) an offender appears before a court:\n(i) while an order made by the court suspending a sentence\nof imprisonment under section 40 is in force in respect of\nthe offender; or\n(ii) within the period of 2 years after the expiry of the\noperational period of a suspended sentence imposed by\nthe court on the offender; and\n(b) the court is satisfied that, during the operational period of the\nsuspended sentence, the offender committed another offence\nagainst a law in force in the Territory or elsewhere that is\npunishable by imprisonment;\n\nSentencing Act 1995 27\nthe court may of its own motion make an order under this section.\n(4B) Where a court is satisfied that an offender who is before the court\nhas breached a condition to which an order made by the court\nsuspending a sentence imposed on the offender is subject, the\ncourt may of its own motion make an order under this section.\n(4C) Where the Local Court is satisfied in respect of an offender who is\nbefore that Court:\n(a) that, during the operational period of a suspended sentence\nimposed on the offender by the Supreme Court, the offender\ncommitted another offence against a law in force in the\nTerritory or elsewhere that is punishable by imprisonment; or\n(b) that the offender has breached a condition to which an order\nmade by the Supreme Court suspending a sentence imposed\non the offender is subject;\nthe Local Court may commit the offender to the Supreme Court to\nbe dealt with by that Court under this section.\n(4D) If the Supreme Court is satisfied in respect of an offender before\nthat Court that, during the operational period of a suspended\nsentence imposed on the offender by the Local Court, the offender\ncommitted another offence against a law in force in the Territory or\nelsewhere that is punishable by imprisonment:\n(a) for subsection (4A), the Supreme Court is taken to have\nimposed the suspended sentence; and\n(b) the Supreme Court may deal with the offender under this\n(4E) If the Supreme Court is satisfied in respect of an offender before\nthat Court that the offender has breached a condition of an order\nmade by the Local Court suspending a sentence imposed on the\n(a) for subsection (4B), the Supreme Court is taken to have made\nthe order; and\n(b) the Supreme Court may deal with the offender under this\n(5) Where:\n(a) on the hearing of an application under subsection (1) or on the\nhearing of its own motion under subsection (4A), a court is\nsatisfied, by evidence on oath or by affidavit or by the\n\nSentencing Act 1995 28\nadmission of the offender, that, during the operational period\nof the suspended sentence, the offender committed another\noffence against a law in force in the Territory or elsewhere that\nis punishable by imprisonment; or\n(b) on the hearing of an application under subsection (2) or on the\nhearing of its own motion under subsection (4B), a court is\nsatisfied, by evidence on oath or by affidavit or by the\nadmission of the offender, that the offender has breached a\ncondition of the order;\nthe court may:\n(c) subject to subsection (7), restore the sentence or part\nsentence held in suspense and order the offender to serve it;\nor\n(d) restore part of the sentence or part sentence held in suspense\nand order the offender to serve it; or\n(e) for a wholly suspended sentence, extend the operational\nperiod to a date after the date of the order suspending the\nsentence; or\n(ea) for a partially suspended sentence – extend the operational\nperiod to a date after the date specified in the order\nsuspending the sentence; or\n(f) make no order with respect to the suspended sentence.\n(6) Where a court orders an offender to serve a term of imprisonment\nthat had been held in suspense, the term must, unless the court\notherwise orders, be served:\n(a) immediately; and\n(b) concurrently with any other term of imprisonment previously\nimposed on the offender by that or any other court.\n(7) A court must make an order under subsection (5)(c) unless it is of\nthe opinion that it would be unjust to do so in view of all the\ncircumstances which have arisen since the suspended sentence\nwas imposed, including the facts of any subsequent offence and, if\nit is of that opinion, the court must state its reasons.\n(8) Where a court makes no order with respect to a suspended\nsentence, the proper officer of the court must record the fact in the\nrecords of the court.\n\nSentencing Act 1995 29\n","sortOrder":39},{"sectionNumber":"44","sectionType":"section","heading":"Purpose of intensive community correction orders","content":"44 Purpose of intensive community correction orders\nAn intensive community correction order may be made under this\nSubdivision to provide for an offender to serve a term of\nimprisonment in the community and, in doing so:\n(a) ensure that a person who commits an offence is held\naccountable; and\n(b) address the personal factors that contribute to the offender's\ncriminal behaviour.\n","sortOrder":40},{"sectionNumber":"45","sectionType":"section","heading":"When court may make order","content":"45 When court may make order\n(1) A court that sentences an offender to a term of imprisonment may\norder the sentence of imprisonment be served by way of an\nintensive community correction order if the court considers it\nappropriate.\n(2) The court must not make an intensive community correction order\nin relation to an offender unless the court has had regard to a\npre-sentence report in relation to the offender.\n(3) A report under subsection (2) may be in writing or given orally to the\n(4) The court must not fix a non-parole period in relation to a sentence\nof imprisonment served by way of an intensive community\ncorrection order.\n(5) A sentence of imprisonment to be served by way of an intensive\ncommunity correction order starts on the day the order commences\nand, despite section 51(1), the court must not direct otherwise.\n","sortOrder":41},{"sectionNumber":"46","sectionType":"section","heading":"Duration of order and day order commences","content":"46 Duration of order and day order commences\n(1) An intensive community correction order commences:\n(a) on the day that the order is made; or\n(b) if the order is made at the same time that another sentence of\nimprisonment for another offence is imposed on the offender –\nimmediately after the offender is released from custody under\nthat other sentence.\n(2) An intensive community correction order may not commence on a\nday before the order is made.\n\nSentencing Act 1995 30\n(3) The period an intensive community correction order is in force must\nnot exceed 2 years.\n(4) A court may consider any period of time the offender was\nremanded in custody for the offence in determining the period the\norder is in force.\n","sortOrder":42},{"sectionNumber":"47","sectionType":"section","heading":"Statutory conditions of order","content":"47 Statutory conditions of order\n(1) An intensive community correction order is subject to the following\nconditions:\n(a) the offender must not, during the period the order is in force,\ncommit another offence (whether in or outside the Territory)\npunishable on conviction by imprisonment;\n(b) the offender must be of good behaviour for the period the\norder is in force;\n(c) the offender:\n(i) is under the ongoing supervision of a probation and\nparole officer; and\n(ii) must report to a probation and parole officer at a\nspecified place within 2 business days after the order\ncomes into force; and\n(iii) must comply with Chapter 4 of the Correctional Services\nAct 2014 and any regulations made for that Chapter;\n(d) if the Commissioner has reasonable grounds to do so – the\noffender may be required, by the Commissioner, to:\n(i) reside at a specified place for the period specified in the\nnotice; and\n(ii) wear or have attached an approved monitoring device\nfor the period specified in the notice (the temporary\nmonitoring period); and\n(iii) allow the placing or installation in, and retrieval from, a\nspecified place of anything necessary for the effective\noperation of the monitoring device.\n(2) For subsection (1)(d), the temporary monitoring period must not be\nmore than 14 days.\n\nSentencing Act 1995 31\n","sortOrder":43},{"sectionNumber":"48","sectionType":"section","heading":"Conditions of order imposed by court","content":"48 Conditions of order imposed by court\n(1) A court may impose conditions on an intensive community\ncorrection order, including the following:\n(a) subject to section 48A – a home detention condition;\n(b) subject to section 48B – the offender must participate, for the\nand parole officer;\n(c) the offender must satisfactorily complete a rehabilitation\nprogram in relation to domestic and family violence;\n(d) another condition prescribed by regulation;\n(e) any other condition the court considers appropriate.\nNote for subsection (1)(c)\nSection 5(5) and (6) sets out the sentencing guidelines for sentencing an\n(1A) The court may impose a home detention condition under\nsubsection (1)(a) for all or part of the duration of the intensive\ncommunity correction order.\n(2) Despite section 101, the court may impose the condition mentioned\nin subsection (1)(c) without the offender's consent.\n(3) The regulations may make provision about matters in relation to the\ncondition mentioned in subsection (1)(c).\n","sortOrder":44},{"sectionNumber":"48A","sectionType":"section","heading":"Home detention condition","content":"48A Home detention condition\nA court must not make an intensive community correction order in\nrelation to an offender subject to a home detention condition unless\nthe court is satisfied that:\n(a) suitable arrangements are available for the offender to reside\nat premises or a place; and\n(b) the premises or place is suitable for the purposes of the order\nsubject to the condition; and\n\nSentencing Act 1995 32\n(c) the making of the order subject to the condition is not likely to\ninconvenience or put at risk other persons living in those\npremises or at that place or the community generally.\nNotes for section 48A(c)\n1 This includes the protection of any person who is in a family relationship\nor a domestic relationship with the offender.\n2 See section 5(5) and (6) for the sentencing guidelines for sentencing an\n48B Condition to participate in approved project\nA court must not make an intensive community correction order in\nrelation to an offender subject to the condition mentioned in\nsection 48(1)(b) unless the court:\n(a) has been notified by the Commissioner that arrangements\nhave been or will be made for the offender to participate in an\napproved project under the order; and\n(b) is satisfied that:\n(i) the offender is a suitable person to participate in the\napproved project; and\n(ii) the project is approved and can be provided under the\narrangements referred to in paragraph (a) for the\noffender to carry out.\n","sortOrder":45},{"sectionNumber":"48C","sectionType":"section","heading":"Copy of order to be given to offender and Commissioner","content":"48C Copy of order to be given to offender and Commissioner\nA court must give a copy of an intensive community correction\norder to the offender to whom it applies and the Commissioner.\n","sortOrder":46},{"sectionNumber":"48D","sectionType":"section","heading":"Orders for more than one offence","content":"48D Orders for more than one offence\n(1) If the court makes separate intensive community correction orders\nfor 2 or more offences committed by the offender, the conditions of\nthe orders are concurrent unless the court otherwise directs.\n(2) The conditions of the intensive community correction order made\nfor the offender are, unless the court otherwise directs, concurrent\nwith those of any other intensive community correction order\nalready in force for the offender.\n\nSentencing Act 1995 33\n","sortOrder":47},{"sectionNumber":"48E","sectionType":"section","heading":"Revocation or variation of order on application","content":"48E Revocation or variation of order on application\n(1) A court which has made an intensive community correction order in\nrelation to an offender may, on application by the Commissioner or\n(a) revoke the intensive community correction order and deal with\nthe offender as if the offender had come before the court for\nsentence for the offence for which the order was made; or\n(b) vary the conditions of the intensive community correction\n(c) confirm the intensive community correction order.\n(2) If the Commissioner makes the application:\n(a) the court must summons the offender to appear before the\ncourt at a specified time and place for hearing the application;\nand\n(b) if the offender does not appear in answer to the summons –\nthe court may issue a warrant for the offender's arrest.\n(3) If the offender makes the application, the court may only make an\norder under subsection (1) if the court is satisfied that the offender\nis not able to comply with a condition of the order because of a\nmaterial change in the offender's circumstances.\n(4) If the offender makes the application, the court must give notice to\nthe Commissioner of:\n(a) the application; and\n(b) the time and place fixed for hearing the application.\n(5) In deciding how to deal with the offender under subsection (1)(a),\nthe court must take into account:\n(a) the extent to which the offender has complied with the order;\nand\n(b) any report of the Commissioner.\n(6) In addition, in making an order under subsection (1), the court may\ntake into account:\n(a) whether the offender is in custody on a charge for another\n\nSentencing Act 1995 34\n(b) whether the offender's behaviour is such that the offender's\ncompliance with the terms of the order is impracticable.\n","sortOrder":48},{"sectionNumber":"48F","sectionType":"section","heading":"Breach of intensive community correction order","content":"48F Breach of intensive community correction order\n(1) If a justice of the peace is satisfied on information on oath that an\noffender has breached a condition of an intensive community\ncorrection order, the justice of the peace may:\n(a) issue to the offender a summons to appear before a court on a\ndate and at a time specified in the summons to show cause\nwhy the offender should not be further dealt with under this\nSubdivision; or\n(b) if the justice of the peace is satisfied that the offender may not\nappear before the court in response to a summons – issue a\nwarrant for the arrest of the offender.\n(2) The justice of the peace may issue the summons or warrant under\nsubsection (1):\n(a) if the offender has breached a condition of the intensive\ncommunity correction order that is still in force; or\n(b) within 3 years after the intensive community correction order\nceases to be in force, if the offender had breached a condition\nof the order when it was in force.\n(3) If the offender fails to attend before the court in accordance with a\nsummons, the court may issue a warrant for the offender's arrest.\n(4) A police officer who suspects on reasonable grounds the offender\nhas breached a condition of the order may arrest the offender\nwithout a warrant.\n(5) A police officer may, using reasonable force if necessary, enter any\nplace to arrest the offender.\n(6) For sections 137 and 138 of the Police Administration Act 1978, a\nbreach of a condition of the order is taken to be an offence.\n","sortOrder":49},{"sectionNumber":"48G","sectionType":"section","heading":"Court orders following breach","content":"48G Court orders following breach\n(1) If a court is satisfied that an offender breached a condition of an\nintensive community correction order, the court may:\n(a) if the order is still in force:\n(i) confirm the order; or\n\nSentencing Act 1995 35\n(ii) vary the conditions of the order; or\n(iii) revoke the order and deal with the offender for the\noffence for which the order was made as if it had just\nfound the offender guilty of the offence; or\n(iv) sentence the offender to imprisonment for the unexpired\nterm of the order at the date of the breach of the\ncondition; or\n(v) confirm the discharge of the order and take no further\naction; or\n(b) if the order is no longer in force:\n(i) deal with the offender for the offence for which the order\nwas made as if it had just found the offender guilty of the\n(ii) confirm the discharge of the order and take no further\naction.\n(2) For subsection (1)(b)(i), the court may, in dealing with the offender,\ntake into account the extent to which the offender had complied\nwith the order before the offender breached the condition of the\n(3) If an offender has breached a condition of an intensive community\ncorrection order because the offender committed domestic\nviolence, the court must take into account the matters mentioned in\nsection 5(5) and (6) when considering the breach as if the court is\nsentencing the offender for an offence that involves domestic\nviolence.\n(4) If the court sentences the offender to imprisonment for the\nunexpired term of the order, the term of imprisonment must, unless\nthe court orders otherwise, be served:\n(a) immediately; and\n(b) concurrently with any other term of imprisonment previously\nimposed on the offender by that or any other court.\n(5) If the court revokes the order, or the order is no longer in force, and\nthe court had made an order under section 25M or 25R of the Motor\nVehicles Act 1949 for the offender (the MVA order), the court may\nrevoke the MVA order.\n\nSentencing Act 1995 36\n(6) If the court revokes the MVA order for the offender and a licence\nwas granted under the Motor Vehicles Act 1949 because of an\napplication made under the MVA order:\n(a) the licence is cancelled; and\n(b) the court must give notice of the cancellation to the Registrar\nof Motor Vehicles; and\n(c) for the revocation of the MVA order made under section 25R\nof the Motor Vehicles Act 1949:\n(i) all disqualifications applying to the offender in relation to\nholding a licence, or the offender's ability to apply for a\nlicence or renewal of a licence, under that Act when the\nMVA order was made are reinstated as if the MVA order\nhad not been made; and\n(ii) the demerit points entered in the register against the\noffender's name for offences committed in the Territory\nthat ceased to have effect under section 25S(1)(b) of\nthat Act when the MVA order was made are again active\ndemerit points for that Act.\n(7) To avoid doubt, the period from the making of the MVA order to its\nrevocation must be disregarded in working out the reinstated\ndisqualifications applying to the offender.\n","sortOrder":50},{"sectionNumber":"48H","sectionType":"section","heading":"Records as evidence","content":"48H Records as evidence\nA matter contained in the following records produced to a court in a\nproceeding under this Subdivision is, as far as it is applicable,\nevidence of the offender's activities:\n(a) records generated by or through an approved monitoring\ndevice;\n(b) records comprising the notebooks or diaries of a probation\n","sortOrder":51},{"sectionNumber":"48J","sectionType":"section","heading":"Certain costs recoverable by Territory","content":"48J Certain costs recoverable by Territory\nIf an offender destroys or damages an approved monitoring device\nor associated device, machine or equipment:\n(a) the offender is liable to pay the costs of restoring or replacing\nthe device, machine or equipment; and\n(b) the costs may be recovered from the offender as a debt\npayable to the Territory.\n\nSentencing Act 1995 37\n","sortOrder":52},{"sectionNumber":"49","sectionType":"section","heading":"Term of imprisonment where none prescribed","content":"49 Term of imprisonment where none prescribed\nWhere a person is found guilty of an offence against a law in force\nin the Territory punishable by imprisonment but the maximum term\nof imprisonment is not prescribed by law, then the maximum term\nwhich may be ordered is imprisonment for 2 years.\n","sortOrder":53},{"sectionNumber":"50","sectionType":"section","heading":"Imprisonment to be served concurrently unless otherwise","content":"50 Imprisonment to be served concurrently unless otherwise\nordered\nUnless otherwise provided by this Act or the court imposing\nimprisonment otherwise orders, where an offender is:\n(a) serving, or has been sentenced to serve, a term of\nimprisonment for an offence; and\n(b) sentenced to serve another term of imprisonment for another\nthe term of imprisonment for the other offence is to be served\nconcurrently with the first offence.\n","sortOrder":54},{"sectionNumber":"51","sectionType":"section","heading":"Cumulative orders of imprisonment","content":"51 Cumulative orders of imprisonment\n(1) If an offender is:\n(a) serving, or has been sentenced to serve, a term of\nimprisonment for an offence; and\n(b) sentenced to serve another term of imprisonment for another\nthe term of imprisonment for the other offence may be directed to\nstart from the end of the term of imprisonment for the first offence or\nan earlier date.\n(2) Subsection (1) applies whether the term of imprisonment for the\nfirst offence is being served concurrently with or cumulatively on the\nterm of imprisonment for another offence.\n","sortOrder":55},{"sectionNumber":"52","sectionType":"section","heading":"Aggregate term of imprisonment","content":"52 Aggregate term of imprisonment\n(1) A court may impose one term of imprisonment in respect of a\nperson found guilty of 2 or more offences.\n(2) Despite subsection (1), a court must not impose an aggregate term\nof imprisonment under subsection (1) if one of the offences is a\nsexual offence.\n\nSentencing Act 1995 38\n(3) An aggregate term of imprisonment may be imposed under\nsubsection (1) whether or not the offences are laid on complaint,\ninformation or indictment or any combination of them.\n(4) A court that imposes an aggregate sentence of imprisonment under\nsubsection (1) must indicate to the guilty person the following:\n(a) the fact that an aggregate sentence is being imposed;\n(b) the sentence that would have been imposed for each offence\nif separate sentences were imposed instead of an aggregate\n(5) Subsection (3) does not limit any other requirement that a court has\nto record the reasons for its decision.\n(6) The term, and any non-parole period, of an aggregate sentence of\nimprisonment imposed under subsection (1) is not revoked or\nvaried by a later sentence of imprisonment that the same or some\nother court later imposes in relation to another offence.\n(7) An aggregate sentence of imprisonment imposed under\nsubsection (1) is not invalidated by a failure to comply with this\n(8) To avoid doubt, the Local Court may impose an aggregate\nsentence of imprisonment under subsection (1) that does not\nexceed 5 years.\n","sortOrder":56},{"sectionNumber":"53","sectionType":"section","heading":"Fixing of non-parole period by sentencing court","content":"53 Fixing of non-parole period by sentencing court\n(1) Subject to this section and sections 53AA, 53A, 55, 55A and 148, if\na court sentences an offender to be imprisoned:\n(a) for life; or\n(b) for 12 months or longer, that is not suspended in whole or\npart;\nit must, as part of the sentence, fix a period during which the\noffender is not eligible to be released on parole unless it considers\nthat the nature of the offence, the past history of the offender or the\ncircumstances of the particular case make the fixing of such a\nperiod inappropriate.\n(1A) Subject to section 57, if a court sentences an offender to be\nimprisoned for less than 12 months or for a term that is suspended\nin whole or part, the court may not, as part of the sentence, fix a\nnon-parole period.\n\nSentencing Act 1995 39\n(2) Where a court sentences an offender to be imprisoned in respect of\nmore than one offence, a period fixed under subsection (1) is in\nrespect of the aggregate period of imprisonment that the offender is\nliable to serve under all the sentences then imposed.\n53AA Non-parole periods generally\n(1) This section applies in relation to the sentencing of an offender if:\n(a) the offender has committed an offence that is not an offence\nto which section 53A, 55, 55A or 148 applies; and\n(b) a court sentences the offender to be imprisoned for 12 months\nor longer that is not suspended in whole or in part.\n(2) The court may fix a non-parole period under section 53(1) of 50% of\nthe period of imprisonment that the offender is to serve under the\n(3) If the court fixes a non-parole period of less or more than the period\nspecified in subsection (2), the court must give reasons for doing\nso.\n","sortOrder":57},{"sectionNumber":"53A","sectionType":"section","heading":"Non-parole periods for offence of murder","content":"53A Non-parole periods for offence of murder\n(1) Subject to this section, where a court (the sentencing court)\nsentences an offender to be imprisoned for life for the offence of\nmurder, the court must fix under section 53(1):\n(a) a standard non-parole period of 20 years; or\n(b) if any of the circumstances in subsection (3) apply – a\nnon-parole period of 25 years.\n(2) The standard non-parole period of 20 years referred to in\nsubsection (1)(a) represents the non-parole period for an offence in\nthe middle of the range of objective seriousness for offences to\nwhich the standard non-parole period applies.\n(3) The circumstances referred to in subsection (1)(b) are any of the\n(a) the victim's occupation was police officer, emergency services\nworker, correctional services officer (as defined in section 16\nof the Correctional Services Act 2014), judicial officer, health\nprofessional, teacher, community worker or other occupation\ninvolving the performance of a public function or the provision\nof a community service and the act or omission that caused\nthe victim's death occurred while the victim was carrying out\nthe duties of his or her occupation or for a reason otherwise\n\nSentencing Act 1995 40\nconnected with his or her occupation;\n(b) the act or omission that caused the victim's death was part of\na course of conduct by the offender that included conduct,\neither before or after the victim's death, that would have\nconstituted a sexual offence against the victim;\n(c) the victim was under 18 years of age at the time of the act or\nomission that caused the victim's death;\n(d) if the offender is being sentenced for 2 or more convictions for\nunlawful homicide;\n(e) if the offender is being sentenced for one conviction for\nmurder and one or more other unlawful homicides are being\ntaken into account;\n(f) at the time the offender was convicted of the offence, the\noffender had one or more previous convictions for unlawful\nhomicide;\n(g) the victim was, at the time of the act or omission that caused\nthe victim's death, or had previously been:\n(i) in an intimate personal relationship (as defined in\nsection 11 of the Domestic and Family Violence\nAct 2007) with the offender; or\n(ii) the spouse or de facto partner of the offender.\n(4) The sentencing court may fix a non-parole period that is longer than\na non-parole period referred to in subsection (1)(a) or (b) if satisfied\nthat, because of any objective or subjective factors affecting the\nrelative seriousness of the offence, a longer non-parole period is\nwarranted.\n(5) The sentencing court may refuse to fix a non-parole period if\nsatisfied the level of culpability in the commission of the offence is\nso extreme the community interest in retribution, punishment,\nprotection and deterrence can only be met if the offender is\nimprisoned for the term of his or her natural life without the\npossibility of release on parole.\n(6) The sentencing court may fix a non-parole period that is shorter\nthan the standard non-parole period of 20 years referred to in\nsubsection (1)(a) or the non-parole period of 25 years required by\nthe circumstances specified in subsection (3)(g) if satisfied there\nare exceptional circumstances that justify fixing a shorter non-\nparole period.\n\nSentencing Act 1995 41\n(7) For there to be exceptional circumstances sufficient to justify fixing\na shorter non-parole period under subsection (6), the sentencing\ncourt must be satisfied of the following matters and must not have\nregard to any other matters:\n(a) the offender is:\n(i) otherwise a person of good character; and\n(ii) unlikely to re-offend;\n(b) the victim's conduct, or conduct and condition, substantially\nmitigate the conduct of the offender.\n(8) In considering whether the offender is unlikely to re-offend, the\nmatters the sentencing court may have regard to include the\n(a) whether the offender has a significant record of previous\nconvictions;\n(b) any expressions of remorse by the offender;\n(c) any other matters referred to in section 5(2) that are relevant.\n(9) The sentencing court must give reasons for fixing, or refusing to fix,\na non-parole period and must identify in those reasons each of the\nfactors it took into account in making that decision.\n(10) The failure of the sentencing court to comply with this section when\nfixing, or refusing to fix, a non-parole period does not invalidate the\nsentence imposed on the offender.\n(11) This section applies only in relation to an offence committed:\n(a) after the commencement of the Sentencing (Crime of Murder)\nand Parole Reform Act 2003; or\n(b) before the commencement of that Act if, at that\ncommencement, the offender has not been sentenced for the\n(12) In subsection (3):\nunlawful homicide means the offence of murder or manslaughter.\n","sortOrder":58},{"sectionNumber":"55","sectionType":"section","heading":"Minimum non-parole period for offence of sexual intercourse","content":"55 Minimum non-parole period for offence of sexual intercourse\nwithout consent\n(1) If a court sentences an offender to be imprisoned for a specified\noffence for 12 months or longer, that is not suspended in whole or\n\nSentencing Act 1995 42\nin part, the court must, under section 53(1), fix a period of not less\nthan 70% of the period of imprisonment that the offender is to serve\nunder the sentence.\n(2) However, subsection (1) does not apply if, under section 53(1), the\ncourt considers that the fixing of a non-parole period is\ninappropriate.\nspecified offence means:\n(a) an offence against section 208H of the Criminal Code; or\n(b) an offence against section 192(3) of the Criminal Code, as in\nforce before the commencement of Part 2 of the Criminal\nJustice Legislation Amendment (Sexual Offences) Act 2023.\n","sortOrder":59},{"sectionNumber":"55A","sectionType":"section","heading":"Minimum non-parole periods for offences against persons","content":"55A Minimum non-parole periods for offences against persons\nunder 16 years\n(1) Subject to this section, if:\n(a) a court sentences an offender to be imprisoned for an offence\nagainst:\n(i) section 177(a), 181, 184, 186, 186B, 188, 208H, 208HA,\n208HB, 208J, 208JA, 208JB, 208JC, 208JD, 208JE,\n208JF, 208JG, 208JH, 208JI, 208LB, 208LC, 208LD or\n208MA of the Criminal Code; or\n(ii) section 127, 130, 131, 131A, 132, 134, 188 or 192(4) of\nthe Criminal Code as in force before the commencement\nof Part 2 of the Criminal Justice Legislation Amendment\n(Sexual Offences) Act 2023; and\n(b) the offender was an adult when the offence was committed;\nand\n(c) the offence was committed on a person who was under the\nage of 16 years; and\n(d) the sentence is not suspended in whole or part;\nthe court must fix a period under section 53(1) of not less than 70%\nof the period of imprisonment that the offender is to serve under the\n(2) Subsection (1) does not apply where under section 53(1) the court\nconsiders that the fixing of a non-parole period is inappropriate.\n\nSentencing Act 1995 43\n","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Fixing of non-parole period otherwise than by sentencing","content":"56 Fixing of non-parole period otherwise than by sentencing\ncourt\n(1) The failure of a sentencing court to fix a non-parole period under\nsection 53(1) does not invalidate the sentence but the court may,\non the application of the offender, the Commissioner, the CEO\n(Youth Justice) or the prosecutor, fix a non-parole period in\naccordance with that section in any manner in which the sentencing\ncourt might have done so.\n(2) A court may fix a non-parole period under section 53(1) in respect\nof a term of imprisonment being served by an offender who, at the\ncommencement of this subsection, is serving a sentence of\nimprisonment to which that subsection applies in respect of which a\nnon-parole period had not been fixed.\n(3) A court may fix a non-parole period under subsection (2) on the\napplication of the offender, the Commissioner, the CEO (Youth\nJustice) or the prosecutor and it may do so as if it had just\nsentenced the offender to the term of imprisonment.\n(4) Subsection (2) does not apply to a sentence of imprisonment\nimposed for the offence of murder if the sentence was imposed\nbefore the commencement of the Sentencing (Crime of Murder)\nand Parole Reform Act 2003.\n","sortOrder":61},{"sectionNumber":"57","sectionType":"section","heading":"Fixing of new non-parole period in respect of multiple","content":"57 Fixing of new non-parole period in respect of multiple\nsentences\n(a) an offender has been sentenced to be imprisoned for an\noffence and a non-parole period has been fixed in respect of\nthe sentence; and\n(b) before the end of the non-parole period the offender is\nsentenced by a court to a further term of imprisonment.\n(1A) The court must fix a new single non-parole period in respect of all\nthe sentences the offender is to serve or complete.\n(2) The new single non-parole period fixed at the time of the imposition\nof the further sentence:\n(a) supersedes any previous non-parole period that the offender\nis to serve or complete; and\n(b) must not be such as to render the offender eligible to be\nreleased on parole earlier than would have been the case if\nthe further sentence had not been imposed; and\n\nSentencing Act 1995 44\n(c) must not be less than the non-parole period required to be\nfixed in accordance with section 53AA, 53A, 55, 55A or 148,\nas the case may be, in respect of the further sentence.\n","sortOrder":62},{"sectionNumber":"59","sectionType":"section","heading":"Order of service of sentences of imprisonment","content":"59 Order of service of sentences of imprisonment\nWhere an offender has been sentenced to several terms of\nimprisonment in respect of any of which a non-parole period was\nfixed, the offender must serve:\n(a) the term or terms in respect of which a non-parole period was\nnot fixed; and\n(b) the non-parole period; and\n(c) unless and until released on parole, the balance of the term or\nterms after the end of the non-parole period;\nin that order.\n","sortOrder":63},{"sectionNumber":"60","sectionType":"section","heading":"Sentences of imprisonment – whether concurrent or","content":"60 Sentences of imprisonment – whether concurrent or\ncumulative\n(1) A court which imposes a term of imprisonment for an offence\nagainst a law of the Territory on an offender already undergoing a\nsentence or sentences of imprisonment for an offence against a law\nof the Commonwealth must direct when the new term commences,\nwhich must be no later than immediately after:\n(a) the completion of that sentence or those sentences if a\nnon-parole period or pre-release period (as defined in Part lB\nof the Crimes Act 1914 (Cth)) was not fixed in respect of it or\nthem; or\n(b) the end of that period, if one was fixed.\n(2) This section has effect despite anything to the contrary in any other\nAct.\n","sortOrder":64},{"sectionNumber":"60A","sectionType":"section","heading":"Sentence of imprisonment for escaping from lawful custody","content":"60A Sentence of imprisonment for escaping from lawful custody\n(1) If an offender is sentenced to a term of imprisonment for escaping\nfrom lawful custody (the escape sentence):\n(a) the escape sentence must be served at the end of all other\nsentences the offender is liable to serve; and\n(b) if a non-parole period has been fixed in relation to one or all of\nthe other sentences – the non-parole period is extended by\nthe term of imprisonment under the escape sentence.\n\nSentencing Act 1995 45\n(2) However, if the offender is serving a life sentence and a non-parole\nperiod has not been fixed, and parole is granted on a review, the\nescape sentence must be served before the parole takes effect.\n(3) If a court quashes the sentence of imprisonment that the offender\nwas serving at the time of his or her escape, the court must make\nthe orders it considers appropriate in relation to the escape\n","sortOrder":65},{"sectionNumber":"61","sectionType":"section","heading":"Sentence of imprisonment on default of payment of fine","content":"61 Sentence of imprisonment on default of payment of fine\nEvery term of imprisonment imposed on an offender in default of\npayment of a fine or sum of money must, unless otherwise directed\nby the court, be served:\n(a) cumulatively on any incomplete sentence or sentences of\nimprisonment imposed on the offender for the default of a\npayment of a fine or sum of money; and\n(b) concurrently with any incomplete sentence or sentences of\nimprisonment imposed on the offender, whether the other\nsentence was or the other sentences were imposed before or\nat the same time as that term.\n","sortOrder":66},{"sectionNumber":"62","sectionType":"section","heading":"Commencement of sentences of imprisonment","content":"62 Commencement of sentences of imprisonment\n(1) Subject to this Division, a sentence of imprisonment commences on\nthe day it is imposed unless the offender is not then in custody in\nwhich case it commences on the day he or she is apprehended\nunder a warrant of commitment issued in respect of the sentence.\n(2) Where an offender to whom subsection (3) applies is, in the period\nduring which service of the sentence is suspended under that\nsubsection, imprisoned under another sentence, the unexpired\nportion of the suspended sentence takes effect:\n(a) if it is to be served cumulatively on the sentence or sentences\nthe offender is then undergoing, on the day that sentence is,\nor those sentences are, completed; or\n(b) in any other case, at the end of the period of suspension.\n(3) Where an offender sentenced to a term of imprisonment and\nallowed to be or to go at large pending an appeal or the\nconsideration of any question of law reserved or case stated is\nimprisoned under another sentence at the time when the appeal,\nquestion of law or case stated is finally determined, the first-\nmentioned sentence or the unexpired portion of it takes effect:\n\nSentencing Act 1995 46\n(a) if it is to be served cumulatively on the sentence or sentences\nthe offender is then undergoing, on the day that sentence is,\nor those sentences are, completed; or\n(b) in any other case, on the day on which the appeal, question of\nlaw or case stated is finally determined.\n(4) Subsection (3) applies unless the sentencing court or the court\ndetermining the appeal, question of law or case stated otherwise\ndirects.\n","sortOrder":67},{"sectionNumber":"63","sectionType":"section","heading":"Calculation of term of imprisonment","content":"63 Calculation of term of imprisonment\n(1) Despite anything to the contrary in this or any other Act or in a rule\nof law or practice, a sentence of imprisonment must be calculated\nexclusive of any time during which service of the sentence is\nsuspended under section 62(2) or (3).\n(3) Where an offender serving a sentence of imprisonment is subject to\nan order made under section 23 of the Mental Health Act 1980 as in\nforce before the commencement of the Mental Health and Related\nServices Act 1998, the time that the offender is subject to the order\nor at the hospital counts in calculating the term to be served.\n(4) Except as expressly provided or expressly ordered, a sentence of\nimprisonment on conviction on indictment, takes effect from the day\nthe court passes sentence on the offender and a sentence of\nimprisonment on summary conviction takes effect from the\ncommencement of the offender's custody under the sentence.\n(5) Subject to section 45(5), if an offender has been in custody on\naccount of the offender's arrest for an offence and the offender is\nconvicted of that offence and sentenced to imprisonment it may be\nordered that such imprisonment must be regarded as having\ncommenced on the day on which the offender was arrested or on\nany other day between that day and the day on which the court\npasses sentence.\n","sortOrder":68},{"sectionNumber":"63A","sectionType":"section","heading":"Effect on term of imprisonment of absence from custodial","content":"63A Effect on term of imprisonment of absence from custodial\ncorrectional facility\n(1) This section applies in relation to an offender who is sentenced to a\nterm of imprisonment and is absent from a custodial correctional\nfacility for a period (the absence period).\n(2) Any part of the absence period during which the offender is in the\nlawful custody of the Commissioner (as defined in section 9(1) of\nthe Correctional Services Act 2014) is the offender's lawful\nabsence period.\n\nSentencing Act 1995 47\n(3) Any part of the absence period during which the offender is\nunlawfully absent (as defined in section 9(2) of the Correctional\nServices Act 2014) is the offender's unlawful absence period.\n(4) In calculating the term to be served:\n(a) the offender's lawful absence period (if any) does count as\ntime served; and\n(b) the offender's unlawful absence period (if any) does not count\nas time served.\n","sortOrder":69},{"sectionNumber":"64","sectionType":"section","heading":"Further sentence if person on parole","content":"64 Further sentence if person on parole\n(a) a person is sentenced in the Territory to a term of\nimprisonment for an offence that was committed while a\nparole order under the Parole Act 1971 was in force for the\nperson; and\n(b) the parole order:\n(i) was revoked by the Chairperson under section 5B(1)(b)\nof the Parole Act 1971 before the person was sentenced\nor committed; or\n(ii) was cancelled by a court under section 6 of the Parole\nAct 1971 before the person was sentenced or\ncommitted; or\n(iii) is taken, under section 5D of the Parole Act 1971, to\nhave been revoked because of the sentence or\ncommitment.\n(2) The court that sentences or commits the person must also order the\nperson to be imprisoned for:\n(a) if the parole order was revoked or cancelled as mentioned in\nsubsection (1)(b)(i) or (ii) – the term that the person had not\nserved when released from a custodial correctional facility\nunder the parole order minus the part of the term the person\nserved after the parole order was revoked or cancelled; or\n(b) otherwise – the term that the person had not served when\nreleased from a custodial correctional facility under the parole\n\nSentencing Act 1995 48\n(3) The term of imprisonment to be served in accordance with\nsubsection (2) starts at the end of the term of imprisonment to\nwhich the person is sentenced or committed for the offence\nmentioned in subsection (1).\n(4) In this section:\nChairperson, see section 3(1) of the Parole Act 1971.\noffence includes an offence against an Act or regulation of the\nCommonwealth.\n","sortOrder":70},{"sectionNumber":"65","sectionType":"section","heading":"Indefinite sentence – imposition","content":"65 Indefinite sentence – imposition\n(1) In this section, violent offence means:\n(a) an offence:\n(i) that, in fact, involves the use, or attempted use, of\nviolence against a person; and\n(ii) for which an offender may be sentenced to imprisonment\nfor life; or\n(c) an offence against section 208HB, 208J, 208JA, 208JB, 208K,\n208KA or 208KB of the Criminal Code; or\n(d) an offence of attempting to commit an offence against\nsection 208H of the Criminal Code; or\n(e) an offence against section 127, 128 or 192 of the Criminal\nCode as in force before the commencement of Part 2 of the\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023.\n(2) The Supreme Court may sentence an offender convicted of a\nviolent offence or violent offences to an indefinite term of\nimprisonment.\n(3) An order under this section may be made on the Supreme Court's\ninitiative or on an application made by the prosecutor.\n(4) The Supreme Court must not fix a non-parole period in respect of\nan indefinite sentence.\n(5) The Supreme Court must specify in the order imposing an indefinite\nsentence a nominal sentence of a period equal to the period that it\nwould have fixed had it not imposed an indefinite sentence.\n\nSentencing Act 1995 49\n(6) Where the Supreme Court imposes more than one indefinite\nsentence on an offender convicted of more than one violent offence\nin the same proceeding, the Court must specify one nominal\nsentence that must apply to all the indefinite sentences.\n(7) Where an offender is serving an indefinite sentence and the\noffender is convicted of another violent offence, the Supreme Court\nmust, if it imposes an indefinite sentence on the offender for the\nother violent offence, specify one nominal sentence that applies to\nall the indefinite sentences.\n(8) The Supreme Court must not impose an indefinite sentence on an\noffender unless it is satisfied that the offender is a serious danger to\nthe community because of any of the following:\n(a) the offender's antecedents, character, age, health or mental\ncondition;\n(b) the severity of the violent offence;\n(c) any special circumstances.\n(9) In determining whether the offender is a serious danger to the\ncommunity, the Supreme Court must have regard to the following:\n(a) whether the nature of the offence is exceptional;\n(b) the offender's antecedents, age and character;\n(c) any medical, psychiatric, custodial correctional facility or other\nrelevant report in relation to the offender;\n(d) the risk of serious physical harm to members of the\ncommunity if an indefinite sentence were not imposed;\n(e) the need to protect members of the community from the risk\nreferred to in paragraph (d).\n(10) Subsection (9) does not limit the matters to which the Supreme\nCourt may have regard in determining whether to impose an\nindefinite sentence.\n(11) For subsection (9), the Supreme Court may order the preparation\nand provision to the Court of such medical, psychiatric, custodial\ncorrectional facility and other reports as the Court considers\nrelevant.\n\nSentencing Act 1995 50\n","sortOrder":71},{"sectionNumber":"66","sectionType":"section","heading":"Prosecution to inform Court","content":"66 Prosecution to inform Court\n(1) Where a prosecutor intends to make an application under\nsection 65(3), the prosecutor must inform the Supreme Court after\nthe offender has been convicted of the offence.\n(2) An application under section 65(3) must be made not later than\n14 days after the conviction.\n(3) On being informed under subsection (1), the Supreme Court must\nremand the offender in custody and must not admit the offender to\nbail.\n","sortOrder":72},{"sectionNumber":"67","sectionType":"section","heading":"Adjournment","content":"67 Adjournment\nThe Supreme Court may impose an indefinite sentence on the\noffender only where:\n(a) the offender is advised at, or shortly after, the time of\nconviction that the court may consider imposing an indefinite\nsentence on:\n(i) its own initiative; or\n(ii) an application made by counsel for the prosecution; and\n(b) the court has, after advising the offender under paragraph (a),\nadjourned the offender's sentencing for not less than 28 days\nor such shorter period where the offender and counsel for the\nprosecution agree, from the day of conviction of the violent\noffence so that evidence on sentence may be called by the\nprosecution and the offender.\n","sortOrder":73},{"sectionNumber":"68","sectionType":"section","heading":"Evidence","content":"68 Evidence\n(1) Subject to the admissibility of the evidence, before the Supreme\nCourt imposes an indefinite sentence it must hear evidence:\n(a) called by the prosecutor; and\n(b) given or called by the offender, if the offender elects to give or\ncall evidence.\n(2) Subject to subsection (3), the rules of evidence apply to evidence\ngiven or called under subsection (1).\n(3) In proving the severity of a violent offence, the transcript of the trial\nand submissions made on sentence are admissible.\n\nSentencing Act 1995 51\n","sortOrder":74},{"sectionNumber":"69","sectionType":"section","heading":"Court to give reasons","content":"69 Court to give reasons\n(1) Where the Supreme Court imposes an indefinite sentence it must\ngive reasons for imposing the sentence.\n(2) Reasons referred to in subsection (1) must be given at the time an\nindefinite sentence is imposed.\n","sortOrder":75},{"sectionNumber":"70","sectionType":"section","heading":"Onus of proof","content":"70 Onus of proof\nThe prosecution has the onus of proving that an offender is a\nserious danger to the community.\n","sortOrder":76},{"sectionNumber":"71","sectionType":"section","heading":"Standard of proof","content":"71 Standard of proof\nThe Supreme Court may make a finding that an offender is a\nserious danger to the community only if it is satisfied:\n(a) by acceptable and cogent evidence; and\n(b) to a high degree of probability;\nthat the evidence is of sufficient weight to justify the finding.\n","sortOrder":77},{"sectionNumber":"72","sectionType":"section","heading":"Review – periodic","content":"72 Review – periodic\n(1) Where the Supreme Court imposes an indefinite sentence, it:\n(a) must for the first time review the indefinite sentence not later\nthan 6 months after an offender has served:\n(i) 50% of the offender's nominal sentence; or\n(ii) if the offender's nominal sentence is imprisonment for\nlife, 13 years of the nominal sentence; and\n(b) must review the indefinite sentence at subsequent intervals of\nnot more than 2 years from when the last review was made.\n(2) Subject to section 73, the Director of Public Prosecutions must\nmake the application that is required to be made to cause the\nreviews referred to in subsection (1) to be carried out.\n","sortOrder":78},{"sectionNumber":"73","sectionType":"section","heading":"Review – application by offender","content":"73 Review – application by offender\n(1) An offender imprisoned on an indefinite sentence may apply to the\nSupreme Court for the indefinite sentence to be reviewed at any\ntime after the Supreme Court makes its first review under\nsection 72(1)(a), if the Supreme Court gives leave to apply, on the\nground that there are exceptional circumstances that relate to the\n\nSentencing Act 1995 52\n(2) The court must immediately forward a copy of the application to the\nDirector of Public Prosecutions.\n(3) Not later than 14 days after the making of the application, the court\nmust give directions to enable the application to be heard.\n(4) Subject to any directions given by the court, the application must be\nheard not later than 28 days from the day on which it is made.\n","sortOrder":79},{"sectionNumber":"74","sectionType":"section","heading":"Discharge of indefinite sentence","content":"74 Discharge of indefinite sentence\n(1) Unless it is satisfied to a high degree of probability that the offender\nis still a serious danger to the community when a review is made\nunder section 72 or 73, the Supreme Court must:\n(a) order that the indefinite sentence is discharged; and\n(b) sentence the offender under this Act for the violent offence for\nwhich the indefinite sentence was imposed.\n(2) Where the Supreme Court does not make an order under\nsubsection (1)(a), the indefinite sentence continues in force.\n(3) A sentence imposed under subsection (1)(b):\n(a) is taken to have started on the day the indefinite sentence was\noriginally imposed; and\n(b) takes the place of the indefinite sentence; and\n(c) must be not less than the nominal sentence.\n","sortOrder":80},{"sectionNumber":"75","sectionType":"section","heading":"Re-integration programs","content":"75 Re-integration programs\n(1) An offender sentenced under section 74(1)(b) may apply to be\nreleased to a prescribed program, of not less than 5 years duration,\nthat is designed to assist the offender to re-integrate into the\n(2) Where a term of imprisonment imposed under section 74(1)(b)\nends within 5 years after the offender's release to a program\nmentioned in subsection (1), the term of imprisonment is taken, for\nsubsection (1), to extend until the end of the 5 years.\n(3) An offender may apply, in the prescribed manner, to be discharged\nfrom a program to which the offender was released under\nsubsection (1) at any time after the end of the term of imprisonment\nimposed under section 74(1)(b).\n\nSentencing Act 1995 53\n","sortOrder":81},{"sectionNumber":"76","sectionType":"section","heading":"Proper officer to give report","content":"76 Proper officer to give report\n(1) On the hearing of a review under section 72 or 73, the Supreme\nCourt may direct the proper officer of the Supreme Court to give to\nthe Court such reports, as the Court considers appropriate, to assist\nthe Court in conducting the review.\n(2) A person who is requested to give a report referred to in\nsubsection (1) must comply with the request.\n(3) A report referred to in subsection (1) must be relevant to the period\nfrom the time the indefinite sentence was imposed on the offender\nor the last review was made by the Supreme Court.\n(4) A report referred to in subsection (1) is in addition to any other\nevidence that may be placed before the Supreme Court.\n(5) An offender is entitled to:\n(a) cross examine a person who made a report referred to in\nsubsection (1) and any other witnesses; and\n(b) call evidence in rebuttal of a report and any other evidence.\n","sortOrder":82},{"sectionNumber":"77","sectionType":"section","heading":"Appeals","content":"77 Appeals\n(1) An offender may appeal to the Court of Criminal Appeal against the\nrefusal of the Supreme Court to make an order under section 74(1).\n(2) The Director of Public Prosecutions may appeal to the Court of\nCriminal Appeal against an order of the Supreme Court made under\nsection 74(1).\n(3) On an appeal under this section, the Court of Criminal Appeal may,\nin the case of an appeal under:\n(a) subsection (1), confirm the refusal and dismiss the appeal or\nuphold the appeal and make the order that it thinks ought to\nhave been made; or\n(b) subsection (2), confirm the order and dismiss the appeal or\nuphold the appeal and quash the order made.\n(4) An indefinite sentence revives on the quashing of an order under\nsubsection (1) and the original warrant to commit or other authority\nfor the offender's imprisonment is to be regarded as again in force.\n\nSentencing Act 1995 54\n","sortOrder":83},{"sectionNumber":"78","sectionType":"section","heading":"Hearings – offender to be present","content":"78 Hearings – offender to be present\n(1) Subject to this section, the offender must be present during the\nhearing of:\n(a) evidence under section 68; and\n(b) an application made under section 72 or 73.\n(2) The Supreme Court may order that, at the time evidence under\nsection 68 is to be heard, the person in charge of the place where\nthe offender is imprisoned must bring the offender before the\nSupreme Court.\n(3) On the hearing of an application made under section 72 or 73, the\nSupreme Court may order the person in charge of the place where\nthe offender is imprisoned to bring the offender before the Supreme\nCourt.\n(4) Where the offender acts in a way that makes the hearing of the\nevidence or application in the offender's presence impracticable,\nthe Supreme Court may order that:\n(a) the offender be removed; and\n(b) the hearing of the application continue in the offender's\nabsence.\n(5) Where the Supreme Court is satisfied that the offender is unable to\nbe present during the hearing of the evidence or application\nbecause of the offender's illness or another reason, the Supreme\nCourt may allow the offender to be absent during the whole or a\npart of the hearing if it is satisfied that:\n(a) the offender's interests will not be prejudiced by the hearing\ncontinuing in the offender's absence; and\n(b) the interests of justice require that the hearing should continue\nin the offender's absence.\n78AA Aggravated property offences\nEach of the following is an aggravated property offence:\n(a) an offence against section 193B, 218, 220, 221 or 225(3) of\nthe Criminal Code;\n\nSentencing Act 1995 55\n(b) an offence against section 224 of the Criminal Code if the\ndamage or interference causes damage of a serious nature or\nthat results in a loss of more than $5 000;\n(c) an offence against section 228AB of the Criminal Code if:\n(i) in committing the offence, the offender:\n(A) caused any injury to another person; or\n(B) endangered the life or safety of the public or a\nmember of the public; or\n(ii) the vehicle, vessel or aircraft is worth $20 000 or more;\nor\n(iii) the vehicle, vessel or aircraft is damaged by the offender\nand either of the following applies:\n(A) the cost of repairing or compensating for the\ndamage is $1 000 or more;\n(B) the value of the vehicle, vessel or aircraft is\nreduced by $1 000 or more; or\n(iv) the vehicle, vessel or aircraft was taken with the\nintention of being used for or in connection with the\ncommission of another offence other than a regulatory\noffence or an offence of strict liability; or\n(v) as a result of the commission of the offence, the\nwhereabouts of the vehicle, vessel or aircraft is unknown\nto the person entitled to possession of it for 48 hours or\nlonger;\n(d) an offence against section 241 or 241A of the Criminal Code;\n(e) an attempt to commit an offence against section 220 or 221 of\nthe Criminal Code.\n","sortOrder":84},{"sectionNumber":"78A","sectionType":"section","heading":"Purpose","content":"78A Purpose\nThe purpose of this Division is to ensure that community\ndisapproval of persons committing aggravated property offences is\nadequately reflected in the sentences imposed on those persons.\n\nSentencing Act 1995 56\n","sortOrder":85},{"sectionNumber":"78B","sectionType":"section","heading":"Aggravated property offences","content":"78B Aggravated property offences\n(1) A court that finds a person guilty of an aggravated property offence\nmust take into account the purpose of this Division before\nsentencing the person in relation to the offence.\n(2) Unless there are exceptional circumstances in relation to the\noffence or the offender, a court that records a conviction against an\noffender found guilty of an aggravated property offence must:\n(a) order the offender to serve a term of imprisonment that is not\nsuspended in whole or in part; or\n(b) make an intensive community correction order in relation to\nthe offender and make the order subject to a home detention\ncondition; or\n(c) make a community correction order or an intensive community\ncorrection order in relation to the offender and make the order\nsubject to a condition that the offender must participate, for the\n(4) Nothing in subsection (2) is to be taken to affect the power of a\ncourt to make any other order authorised by or under this or any\nother Act, including a community correction order or an intensive\ncommunity correction order subject to other conditions in addition to\nthe conditions mentioned in subsection (2), in addition to an order\nmade in accordance with the subsection.\n","sortOrder":86},{"sectionNumber":"78C","sectionType":"section","heading":"Definitions","content":"78C Definitions\nimpose a minimum sentence, see section 78CA.\nimpose a term of actual imprisonment, see section 78CB.\noffensive weapon, see section 1 of the Criminal Code.\nphysical harm, in relation to a person, means a physical injury that\ninterferes with the person's health.\n\nSentencing Act 1995 57\nviolent offence means:\n(a) an offence against a provision of the Criminal Code listed in\nSchedule 2; or\n(b) an offence substantially corresponding to an offence\nmentioned in paragraph (a) against:\n(i) a law that has been repealed; or\n(ii) a law of another jurisdiction (including a jurisdiction\noutside Australia).\n78CA Imposition of minimum sentence\n(1) If a court is required to impose a minimum sentence of a\nspecified period of actual imprisonment in relation to an offender,\nthe court:\n(a) must record a conviction against the offender; and\n(b) must sentence the offender to a term of imprisonment of not\nless than the specified period; and\n(c) must not make an order under section 40 in relation to the\nterm of imprisonment; and\n(d) must not make an intensive community correction order in\nrelation to the offender.\n(2) Despite subsection (1), if the offender is a youth:\n(a) a provision of Subdivision 2 requiring a court to impose a\nminimum sentence of a specified period does not apply in\nrelation to the offender; and\n(b) the court must instead comply with section 78CB as if that\nsection applied to the case.\nyouth, see section 6 of the Youth Justice Act 2005.\n78CB Imposition of term of actual imprisonment\n(1) If a court is required to impose a term of actual imprisonment in\nrelation to an offender the court must:\n(a) record a conviction against the offender; and\n(b) sentence the offender to a term of imprisonment.\n\nSentencing Act 1995 58\n(2) In addition to subsection (1), the court may:\n(a) make an order under section 40 in relation to part, but not the\nwhole of, the term of imprisonment; or\n(b) make an intensive community correction order, subject to a\nhome detention condition, in relation to the offender.\n78D Offence against section 155A of Criminal Code involving\nassault\nsection 155A of the Criminal Code that was committed by\nassaulting a person.\n(2) The court must impose a minimum sentence of 12 months actual\nand\n(c) the offender has previously been convicted of a violent offence\n(3) The court must impose a minimum sentence of 3 months actual\nand\n(c) the offender has not previously been convicted of a violent\n(4) The court must impose a term of actual imprisonment in relation to\nthe offender if the offender has previously been convicted of a\nviolent offence (whenever committed) but the court is not required\nto impose a minimum sentence under subsection (2).\n\nSentencing Act 1995 59\n78DAA Offence against section 188A of Criminal Code – imprisonment\nsection 188A of the Criminal Code.\n(2) The court must impose a term of actual imprisonment in relation to\nthe offender if:\n(a) the victim suffered physical harm as a result of the offence;\nand\n(b) the offender has previously been convicted of a violent offence\n78DAB Offence against section 188A of Criminal Code – community\ncorrection order\n(1) The court must sentence an offender in accordance with this\nsection if:\n(a) the court finds the offender guilty of an offence against\nsection 188A of the Criminal Code; and\nand\n(c) the court is not required to impose a term of actual\nimprisonment under section 78DAA in relation to the offender;\nand\n(d) the court has decided not to impose a custodial order under\n","sortOrder":87},{"sectionNumber":"Div 5","sectionType":"division","heading":"for the offence.","content":"Division 5 for the offence.\n(2) The court must:\n(a) make a community correction order in relation to the offender\n(with or without recording a conviction); and\n(b) if the conditions mentioned in section 36 can be satisfied in\nrelation to the offender – impose a condition mentioned in\nsection 34(1)(a) on the community correction order.\n78DA Offence against section 189A of Criminal Code – imprisonment\nsection 189A of the Criminal Code.\n\nSentencing Act 1995 60\n(2) The court must impose a minimum sentence of 12 months actual\nand\n(c) the offender has previously been convicted of a violent offence\n(3) The court must impose a minimum sentence of 3 months actual\nimprisonment in relation to the offender if the victim suffered\nphysical harm as a result of the offence but the court is not required\nto impose a minimum sentence under subsection (2).\n(3A) The court must impose a minimum sentence of 3 months actual\nimprisonment in relation to the offender if the circumstances\nmentioned in section 189A(2)(ab) of the Criminal Code apply in\nrelation to the offence but the court is not required to impose a\nminimum sentence under subsection (2) or (3).\n(4) The court must impose a term of actual imprisonment in relation to\nthe offender if the offender has previously been convicted of a\nviolent offence (whenever committed) but the court is not required\nto impose a minimum sentence under subsection (2), (3) or (3A).\n78DBA Offence against section 189A of Criminal Code – community\ncorrection order\n(1) The court must sentence an offender in accordance with this\nsection if:\n(a) the court finds the offender guilty of an offence against\nsection 189A of the Criminal Code; and\n(b) the court is not required to impose a minimum sentence of\nactual imprisonment or impose a term of actual imprisonment\nunder section 78DA in relation to the offender; and\n(c) the court has decided not to impose a custodial order under\nDivision 5 for the offence.\n(2) The court must:\n(a) make a community correction order in relation to the offender\n(with or without recording a conviction); and\n\nSentencing Act 1995 61\n(b) if the conditions mentioned in section 36 can be satisfied in\nrelation to the offender – impose a condition mentioned in\nsection 34(1)(a) on the community correction order.\n78DB Exceptional circumstances exemption\n(1) If a court is required to impose a minimum sentence of a specified\nperiod of actual imprisonment for an offence and the court is\nsatisfied that the circumstances of the case are exceptional:\n(a) a provision of this Subdivision requiring the court to impose a\nminimum sentence of a specified period does not apply in\nrelation to the offender; and\n(b) the court must instead comply with section 78CB as if that\nsection applied to the case.\n(2) In deciding whether it is satisfied that circumstances of a case are\nexceptional, the court may have regard to:\n(a) any victim impact statement or victim report presented to the\ncourt under section 106B; and\n(b) any other matter the court considers relevant.\n(3) The following do not constitute exceptional circumstances of a\ncase:\n(a) that the offender was voluntarily intoxicated by alcohol, drugs\nor a combination of alcohol and drugs at the time the offender\ncommitted the offence;\n(b) that another person:\n(i) was involved in the commission of the offence; or\n(ii) coerced the person to commit the offence.\n","sortOrder":88},{"sectionNumber":"78F","sectionType":"section","heading":"Imprisonment for sexual offences","content":"78F Imprisonment for sexual offences\n(1) Where a court finds an offender guilty of a sexual offence, the court\nmust record a conviction and must order that the offender serve:\n(a) a term of actual imprisonment; or\n(b) a term of imprisonment that is suspended by it partly but not\nwholly.\n\nSentencing Act 1995 62\n(2) Nothing in subsection (1) is to be taken to affect the power of a\ncourt to make any other order authorised by or under this or any\nother Act in addition to an order under subsection (1).\n","sortOrder":89},{"sectionNumber":"78P","sectionType":"section","heading":"Interpretation","content":"78P Interpretation\n(1) In this Part, offence includes a aggravated property offence.\n(2) A word or phrase used in this Part that is defined in the Mental\nHealth and Related Services Act 1998 has the meaning given in\nthat Act.\n","sortOrder":90},{"sectionNumber":"79","sectionType":"section","heading":"Assessment orders","content":"79 Assessment orders\n(1) Where a person is found guilty of an offence and the court:\n(a) is of the opinion that the person:\n(i) appears to be mentally ill or mentally disturbed; and\n(ii) may benefit from being admitted to and treated in an\n(b) receives written advice from the Chief Health Officer that\nfacilities are available to undertake an assessment of the\nperson's suitability for an order under section 80;\nit may make an order that the person be admitted to and detained\nin an approved treatment facility for a period not exceeding\n72 hours as specified in the order to enable an assessment to be\nmade of his or her suitability for an order under section 80.\n(2) At the expiry of an order made under subsection (1), or at any time\nbefore then, the court may:\n(a) in accordance with section 80, make an order under that\nsection; or\n(b) pass sentence on the person according to law.\n(3) Where at any time before the expiry of an order made under\nsubsection (1), the court receives written advice from the Chief\nHealth Officer that the person is not mentally ill or mentally\ndisturbed, or that the detention of the person in an approved\ntreatment facility is unnecessary or inappropriate, the court must\npass sentence on the person according to law.\n\nSentencing Act 1995 63\n","sortOrder":91},{"sectionNumber":"80","sectionType":"section","heading":"Approved treatment facility orders","content":"80 Approved treatment facility orders\n(1) Where a person is found guilty of an offence and the court:\n(a) is satisfied by the production of a certificate, in the prescribed\nform, of the Chief Health Officer or by any other evidence that:\n(i) the person appears to be mentally ill or mentally\ndisturbed; and\n(ii) the person may benefit from being treated in an\n(b) receives written advice from the Chief Health Officer that\nfacilities are available at an approved treatment facility to treat\nthe person and the admission, detention and treatment is\nappropriate;\nit may:\n(c) order that the person be admitted to and detained at the\ndiscretion of the Chief Health Officer in an approved treatment\nfacility to enable the diagnosis, assessment and treatment of\nthe person under the Mental Health and Related Services\nAct 1998; or\n(d) order that the person be admitted to and detained in an\napproved treatment facility to enable the diagnosis,\nassessment and treatment of the person under the Mental\nHealth and Related Services Act 1998 for a period, not\nexceeding 3 months, as specified in the order; or\n(e) order that the person be admitted to and detained in an\napproved treatment facility to enable the treatment of the\nperson under the Mental Health and Related Services\nAct 1998 for a period specified in the order.\n(2) The court may, after consulting with the Chief Health Officer or an\napproved person, impose conditions on an order under\nsubsection (1) to ensure the security and good order of the person.\n(3) Conditions under subsection (2) may include:\n(a) whether the person must be detained in a particular part of the\n(b) whether the person must be kept under guard at the approved\ntreatment facility; and\n\nSentencing Act 1995 64\n(c) whether the person may be granted leave of absence from the\n(d) whether the person, if the person is a prisoner, is to be subject\nto the same restrictions as applying to the person if he or she\nwere in a custodial correctional facility.\n(4) An order made under subsection (1) is to be consistent with\nrecommendations made in the report provided to the court under\nsection 79.\n(5) Where an order is made under subsection (1), the person is to be\ntreated under the Mental Health and Related Services Act 1998 and\nis entitled to exercise the rights conferred by that Act.\n(6) Unless the court orders otherwise, where:\n(a) an order made under subsection (1)(d) or (e) is in force in\nrespect of a person; and\n(b) the person is discharged from an approved treatment facility\nunder this Act or the Mental Health and Related Services\nAct 1998;\nthe person must be:\n(c) taken to a custodial correctional facility in accordance with\nsection 84; and\n(d) returned to the court on the first available sitting day.\n(7) A person returned to the court under subsection (6) may be dealt\nwith by the court as if he or she were before the court on being\nfound guilty of the offence in respect of which the order under\nsubsection (1)(d) or (e) was made.\n(8) Where the court makes an order under subsection (1)(c), the\nperson cannot be detained for longer than 3 months but may be\ndischarged by the Chief Health Officer before the 3 months expires.\n(9) A court must not make an order under subsection (1)(e) unless, but\nfor the mental illness or mental disturbance of the person, it would\nhave sentenced the person to a term of imprisonment.\n(10) Where a court makes an order under subsection (1)(e), it:\n(a) must not specify a period of detention in an approved\ntreatment facility that is longer than the period of imprisonment\nto which the person would have been sentenced had the order\nnot been made; and\n\nSentencing Act 1995 65\n(b) must, subject to Part 3, Division 5, Subdivision 3, fix a\nnon-parole period in accordance with that Subdivision as if the\norder were a term of imprisonment.\n(11) At any time before the end of the period specified in an order under\nsubsection (1)(e) an authorised psychiatric practitioner nominated\nby the Chief Health Officer or the Tribunal may in pursuance of the\nMental Health and Related Services Act 1998 order the discharge\nof the person named in the order from the approved treatment\nfacility and the order has effect as a sentence of imprisonment for\nthe unexpired portion of it and that unexpired portion must be\nserved in a custodial correctional facility unless the person is\nreleased on parole.\n(12) A non-parole period fixed under subsection (10) is only relevant in\nthe circumstances referred to in subsection (11).\n","sortOrder":92},{"sectionNumber":"81","sectionType":"section","heading":"Expiration of certain approved treatment facility orders","content":"81 Expiration of certain approved treatment facility orders\n(1) At the expiry of an order made under section 80(1)(d), or at any\ntime before then, the court after considering a report from an\nauthorised psychiatric practitioner nominated by the Chief Health\nOfficer specifying the results of the diagnosis, assessment and\ntreatment of the person may:\n(a) make a further order in respect of the person under\nsection 80(1)(d); or\n(b) pass sentence, including by way of an order under\nsection 80(1)(e), on the person according to law.\n(2) Where at any time before the expiry of an order made under\nsection 80(1)(d), the court receives advice in writing from an\nauthorised psychiatric practitioner nominated by the Chief Health\nOfficer that the person is not mentally ill or mentally disturbed, or\nthat the detention of the person in an approved treatment facility is\nunnecessary or inappropriate, the court must pass sentence on the\nperson according to law.\n(3) Where a court in passing sentence under subsection (1)(b) imposes\na term of imprisonment on the person or makes an order that the\nperson be detained in an approved treatment facility under\nsection 80(1)(e), it must deduct the period of time that the person\nwas detained under the order made under section 80(1)(d).\n","sortOrder":93},{"sectionNumber":"82","sectionType":"section","heading":"Consent to treatment","content":"82 Consent to treatment\nSubject to section 83, a court must not make an order under this\nPart relating to the treatment of a person unless the consent of the\nperson to the treatment is obtained.\n\nSentencing Act 1995 66\n","sortOrder":94},{"sectionNumber":"83","sectionType":"section","heading":"Treatment under this Part","content":"83 Treatment under this Part\nA person is not to receive treatment without his or her consent\nexcept under the Mental Health and Related Services Act 1998\nrelating to involuntary admission and treatment.\n","sortOrder":95},{"sectionNumber":"84","sectionType":"section","heading":"Custody of admitted person","content":"84 Custody of admitted person\n(1) A court, when making an order under this Part, may include in the\norder the name of the person who is to be responsible for taking the\n(a) to the approved treatment facility named in the order; and\n(b) from the approved treatment facility to the court in connection\nwith the exercise by the court of its powers under this Part.\n(2) A copy of the order and the advice or report, as the case may be, of\nthe Chief Health Officer is to accompany the offender to the\napproved treatment facility named in the order.\n","sortOrder":96},{"sectionNumber":"85","sectionType":"section","heading":"Variation of approved treatment facility orders","content":"85 Variation of approved treatment facility orders\n(1) A court that has made an order under section 80 may, on\napplication under this subsection, if satisfied that the offender is no\nlonger willing to comply with the order or a condition to which the\norder is subject, vary or cancel the order and deal with the offender\nfor the offence with respect to which it was made in any manner in\nwhich the court could deal with the offender if it had just found the\noffender guilty of the offence.\n(2) An application under subsection (1) may be made at any time while\nthe order is in force by:\n(a) the offender; or\n(b) a prescribed person or a member of a prescribed class of\npersons; or\n(c) the prosecutor; or\n(d) an authorised psychiatric practitioner nominated by the Chief\nHealth Officer.\n(3) Notice of an application under subsection (1) must be given to:\n(a) the offender; and\n\nSentencing Act 1995 67\n(b) where the sentencing court was:\n(i) the Supreme Court – the Director of Public Prosecutions;\nor\n(ii) the Local Court – the complainant or informant.\n(4) A court may order that a warrant to arrest the offender be issued\n","sortOrder":97},{"sectionNumber":"86","sectionType":"section","heading":"Breach of approved treatment facility orders","content":"86 Breach of approved treatment facility orders\n(1) Where, it appears to a prescribed person or a member of a\nprescribed class of persons, that an offender has failed to comply\nwith an order made under section 80, he or she may apply, in the\nprescribed form, to the court that made the order for the making of\nan order under this section.\n(2) Notice of an application under subsection (1) must be given to the\n(3) A court may order that a warrant to arrest the offender be issued\n(4) Where, on the hearing of an application under this section, a court\nis satisfied, by evidence on oath or by affidavit or by the admission\nof the offender, that the offender has failed without reasonable\nexcuse to comply with the order, it may:\n(a) vary the order; or\n(b) cancel the order and deal with the offender for the offence with\nrespect to which the order was made in any manner in which\nthe court could deal with the offender if it had just found the\noffender guilty of the offence.\n","sortOrder":98},{"sectionNumber":"87","sectionType":"section","heading":"Application of this Division","content":"87 Application of this Division\nA court may make an order under this Division whether or not it\nrecords a conviction and where the offender is acquitted on the\nground of voluntary intoxication in the circumstances set out in\nsection 383 of the Criminal Code.\n\nSentencing Act 1995 68\n","sortOrder":99},{"sectionNumber":"88","sectionType":"section","heading":"Orders for restitution and compensation","content":"88 Orders for restitution and compensation\nA court may order an offender do any one or more of the following:\n(a) pay compensation for injury suffered by a person in the course\nof or in connection with the commission of an offence;\n(b) make restitution of property taken in the course of or in\nconnection with the commission of an offence;\n(c) pay compensation for the loss or destruction or damage to\nproperty that occurs in the course of or in connection with the\ncommission of an offence.\n","sortOrder":100},{"sectionNumber":"89","sectionType":"section","heading":"Reimbursement of costs of restoring property etc.","content":"89 Reimbursement of costs of restoring property etc.\n(1) A court may order an offender to pay the reasonable costs incurred\nby the Territory arising out of the commission of the offence\nincluding the costs of removing, disposing, dispersing, destroying,\nrehabilitating and cleaning up a thing used in or associated with the\ncommission of the offence.\n(2) For subsection (1), a thing includes real property.\n","sortOrder":101},{"sectionNumber":"90","sectionType":"section","heading":"Making of order","content":"90 Making of order\n(1) An order under this Division is in addition to any other order to\nwhich an offender is liable.\n(2) Where an offence is taken into account under section 107 in\nimposing sentence on an offender for another offence, the court\nmay make an order under this Division.\n(4) A court may make an order for restitution under this Division only\nwhere it is satisfied that there has been property loss and that the\nperson claiming the loss is entitled to recover the property.\n(5) A court must not make an order under this Division where the\nperson whose property was taken, lost, destroyed or damaged\ndoes not consent to the order being made.\n","sortOrder":102},{"sectionNumber":"91","sectionType":"section","heading":"Application for order","content":"91 Application for order\n(1) An order under this Division may be made on the court's own\nmotion or on the application of the prosecutor.\n(2) Nothing in subsection (1) requires a prosecutor to make an\napplication on behalf of a person.\n\nSentencing Act 1995 69\n","sortOrder":103},{"sectionNumber":"92","sectionType":"section","heading":"Form of order","content":"92 Form of order\nAn order under this Division may specify:\n(a) the amount to be paid by way of restitution, compensation or\ncosts; and\n(b) the person to whom restitution is to be made or compensation\nis, or costs are, to be paid; and\n(c) the time within which restitution is to be made; and\n(d) the way in which restitution is to be made, compensation is, or\ncosts are, to be paid.\n","sortOrder":104},{"sectionNumber":"93","sectionType":"section","heading":"Imprisonment for breach of order","content":"93 Imprisonment for breach of order\n(1) A court which makes an order under this Division may order that\nthe offender be imprisoned if the offender fails to comply with the\n(2) A term of imprisonment ordered to be served under subsection (1)\nmust not be longer than 12 months.\n(3) In making an order under subsection (1), a court may give such\ndirections as it thinks fit for the enforcement of the order including a\ndirection that the offender appear before the court:\n(a) at a time and place stated in the direction; or\n(b) when called on by notice;\nto show cause why the offender should not be imprisoned because\nof the offender's failure to comply with the order.\n(4) Where an offender fails to appear as required by a direction under\nsubsection (3), the court may issue a warrant to arrest the offender\nand for the offender to be brought before the court to show cause in\naccordance with the direction.\n(5) In addition to subsection (4), where it appears to a court that there\nare reasonable grounds for believing that an offender has failed to\ncomply with an order made under this Division, the court may issue\na warrant to arrest the offender and for the offender to be brought\nbefore the court to show cause why the offender should not be\nimprisoned because of the offender's failure to comply with the\n\nSentencing Act 1995 70\n","sortOrder":105},{"sectionNumber":"94","sectionType":"section","heading":"Extension of time of order","content":"94 Extension of time of order\n(1) A court which makes an order under this Division for non-monetary\nrestitution of property may extend the time stated in the order within\nwhich the restitution is to be made.\nAn extension of time to pay, and enforcement of payment of, an order under this\nDivision for the payment of money by way of restitution or compensation is dealt\nwith by the Fines Recovery Unit under the Fines and Penalties (Recovery)\nAct 2001.\n(2) A court which grants an extension of time under subsection (1) may\nvary the extended time.\n","sortOrder":106},{"sectionNumber":"97","sectionType":"section","heading":"Orders not to affect other rights","content":"97 Orders not to affect other rights\nNothing in this Division affects the right of a person to bring and\nmaintain a civil action except that anything done or paid under an\norder made under this Division must be taken into account in any\naward of damages.\n97AA Definitions\nidentification information, see section 228A of the Criminal Code.\nvictim, see section 228A of the Criminal Code.\n97AB Court may issue certificate to victim\n(1) The court may issue a certificate to the victim if:\n(a) the court is sentencing a person for an offence against\nsection 228C, 228D or 228E of the Criminal Code; and\n(b) the victim of the offence has not already obtained a certificate\nunder section 28C of the Local Court (Civil Procedure)\nAct 1989; and\n(c) the court is satisfied on the balance of probabilities that a\ncertificate under this Division may assist a victim to deal with\nany problems the commission of the offence has caused in\nrelation to the victim's personal or business affairs.\n(2) The court may issue a certificate on its own initiative or on\napplication by the prosecution.\n\nSentencing Act 1995 71\n97AC Content of certificate\n(1) The certificate must:\n(a) identify the victim of the offence; and\n(b) explain how identification information relating to the victim was\nused to commit the offence; and\n(c) contain any other information the court considers appropriate\nin order to assist the victim to deal with any problems the\ncommission of the offence has caused in relation to the\nvictim's personal or business affairs.\n(2) Despite subsection (1), a certificate must not identify the person\nwho committed the offence to which it relates.\n","sortOrder":107},{"sectionNumber":"97A","sectionType":"section","heading":"When court may make order","content":"97A When court may make order\n(1) This section applies when a court sentences an offender for an\noffence (a significant offence) the maximum penalty for which is\nimprisonment for 12 months or more.\n(2) The court may make one or more of the following orders if the court\nconsiders doing so may prevent the offender from committing\nanother significant offence:\n(a) a non-association order prohibiting the offender from one or\nboth of the following as specified in the order:\n(i) being in company with one or more specified persons\nduring a specified period;\n(ii) communicating in any way (including by post, fax, phone\nand other electronic means, and whether directly or\nindirectly) with one or more specified persons during a\nspecified period;\n(b) a place restriction order prohibiting the offender, except as\nprovided in the order, from visiting one or more specified\nplaces (including a district or specific location) during a\nspecified period.\n(3) The period specified under subsection (2)(a) or (b):\n(a) is not limited by any term of imprisonment imposed on the\noffender; but\n\nSentencing Act 1995 72\n(b) must not exceed 12 months.\n(4) An order imposed on the offender under subsection (1):\n(a) is in addition to, and not instead of, any other penalty for the\noffence; but\n(b) must not be made if the court makes one or more orders\nunder this Act in relation to the offence without recording a\nconviction for the offence.\n(5) This section does not limit the court's power to make another order\nor direction in relation to the offence under this or another Act.\n(6) Without limiting subsection (5), this section does not affect the\ncourt's power to impose a condition under section 40(2).\n","sortOrder":108},{"sectionNumber":"97B","sectionType":"section","heading":"Explanation of order","content":"97B Explanation of order\n(1) A court that has imposed a non-association order or place\nrestriction order on an offender must ensure all reasonable steps\nare taken to explain to the offender (in language the offender can\nreadily understand):\n(a) the offender's obligations under the order; and\n(b) the consequences of not complying with the order.\n(2) The order is not invalidated by a failure to comply with\nsubsection (1).\n","sortOrder":109},{"sectionNumber":"97C","sectionType":"section","heading":"Commencement of order","content":"97C Commencement of order\nA non-association order or place restriction order commences on\nthe date it is made or another date specified in the order.\n","sortOrder":110},{"sectionNumber":"97D","sectionType":"section","heading":"Contravention of order","content":"97D Contravention of order\n(1) A person is guilty of an offence if the person:\n(a) is subject to a non-association order or place restriction order;\nand\n(b) contravenes the order.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(2) Subsection (1) does not apply if the person contravened the order\nin compliance with another court order.\n\nSentencing Act 1995 73\n(3) It is a defence for an offence against subsection (1) if the defendant\nproves that:\n(a) the defendant has a reasonable excuse; or\n(b) for a non-association order – the defendant, having\nunintentionally associated with a person specified in the order\nunder section 97A(2)(a), terminated the association\nimmediately.\n(4) In subsection (3), a reference to an association with the specified\nperson is a reference to being in company, or communicating, with\nthe specified person in contravention of the order.\n","sortOrder":111},{"sectionNumber":"97E","sectionType":"section","heading":"Variation of order on application","content":"97E Variation of order on application\n(1) A person who is subject to a non-association order or place\nrestriction order may apply for a variation or revocation of the order.\n(2) The application must be made to the court that made the order.\n(3) The application must be accompanied by a copy of the order and\neach previous variation made to the order.\n(4) The application may be made only by leave of the court.\n(5) The leave may be granted only if the court is satisfied it should\ngrant the leave in the interest of justice, having regard to changes in\nthe applicant's circumstances since the order was made or last\nvaried.\n(6) The court may refuse to consider granting the leave if it is satisfied\nthe application is frivolous or vexatious.\n(7) If the leave is granted:\n(a) the court must give notice of the application to each party to\nthe proceedings in which the order was made; and\n(b) the party is entitled to be heard in relation to the application.\n(8) The court must deal with the application by:\n(a) varying or revoking the order as the court considers\nappropriate in the circumstances; or\n(b) dismissing the application.\n\nSentencing Act 1995 74\n","sortOrder":112},{"sectionNumber":"97F","sectionType":"section","heading":"Variation of order following conviction","content":"97F Variation of order following conviction\n(1) This section applies to a person who:\n(a) is subject to a non-association order or place restriction order\nin relation to an offence; and\n(b) is subsequently sentenced by a court for another offence.\n(2) The court may vary or revoke the order when sentencing the\nperson for the other offence.\n","sortOrder":113},{"sectionNumber":"97G","sectionType":"section","heading":"Order may not be extended by variation","content":"97G Order may not be extended by variation\nThe power to vary an order under section 97E or 97F does not\ninclude a power to extend the period specified in the order under\nsection 97A(2)(a) or (b).\n","sortOrder":114},{"sectionNumber":"97H","sectionType":"section","heading":"Certain information not to be published or broadcast","content":"97H Certain information not to be published or broadcast\n(1) A person is guilty of an offence if the person publishes or\nbroadcasts, or otherwise discloses to someone:\n(a) the fact that a named person is specified in a non-association\norder under section 97A(2)(a) (whether the order is still in\nforce); or\n(b) any information calculated to identify such a person.\nMaximum penalty: 200 penalty units.\n(2) Subsection (1) does not apply in relation to:\n(a) the publication or broadcasting of a report that is authorised by\na court; and\n(b) the disclosure of information to any of the following persons:\n(i) the person subject to the order (the offender);\n(ii) a person involved in administering the order or other\npenalty imposed on the offender;\n(iii) a person specified in the order under section 97A(2)(a);\n(iv) a person involved in proceedings for an alleged breach\nof the order;\n(v) a person to whom the information is required to be\ndisclosed under a law in force in the Territory;\n\nSentencing Act 1995 75\n(vi) a police officer;\n(vii) a person authorised by a court to receive the\ninformation.\n","sortOrder":115},{"sectionNumber":"98","sectionType":"section","heading":"Cancellation of driver's licence","content":"98 Cancellation of driver's licence\nWhere a person found guilty or convicted of an offence used a\nmotor vehicle when committing or to facilitate the commission of the\noffence, the court may, if the offender:\n(a) holds a driver's licence, cancel the licence and, if the court\nthinks fit, disqualify the offender from obtaining one for such\ntime as it thinks fit; or\n(b) does not hold a driver's licence, disqualify the offender from\nobtaining one for such time as it thinks fit.\n","sortOrder":116},{"sectionNumber":"99","sectionType":"section","heading":"Passport orders","content":"99 Passport orders\n(1) Where an offender is convicted of an offence, the court may, in\naddition to any other order it may make under this Act, order that\nthe offender do any of the following:\n(a) remain in Australia or the Territory;\n(b) not apply for or obtain an Australian passport;\n(c) surrender every passport, whether Australian or foreign, held\nby the offender.\n(2) An offender who contravenes an order made under subsection (1)\nis guilty of an offence.\nMaximum penalty: Imprisonment for 2 years.\n(3) Where a court makes an order under subsection (1)(c):\n(a) the passport or passports must be given to the proper officer\nof the court; and\n(b) the proper officer of the court must keep the passport or\npassports in such custody as he or she thinks fit for such\nperiod, or on the occurrence of any contingency, as is\nspecified by the court; and\n\nSentencing Act 1995 76\n(c) the passport or passports must, in accordance with the terms\nspecified under paragraph (b), be returned to the offender\nunless the court orders otherwise.\n(4) Where a court makes an order under subsection (1)(b) or (c), the\nproper officer of the court must, as soon as is practicable after the\norder is made, give a copy of it to the Minister administering the\nAustralian Passports Act 2005 (Cth).\n(5) An order under subsection (1) remains in force for the duration of\nthe sentence (whether or not the sentence is one that involves, in\nwhole or part, a term of imprisonment).\n(6) Where an order under subsection (1) requires the offender to\nsurrender a passport:\n(a) the passport must be given to the proper officer of the court;\nand\n(b) the proper officer must keep the passport in such custody as\nthe proper officer considers appropriate until:\n(i) the passport is returned under subsection (7); or\n(ii) the authority that issued the passport requests its return;\nwhichever happens first.\n(7) Where a passport is still in the custody of the proper officer of the\ncourt when the order under subsection (1) finishes, the proper\nofficer must return it to the offender.\n","sortOrder":117},{"sectionNumber":"99A","sectionType":"section","heading":"Forfeiture of property orders","content":"99A Forfeiture of property orders\n(1) If a court imposes a term of imprisonment or a fine on an offender,\nthe court may also order that property owned by the offender and\nused in the commission of the offence for which the offender is\nbeing sentenced is forfeited to the Territory.\n(2) If a court finds a person guilty of a forfeiture offence as defined in\nthe Liquor Act 2019, the court must determine any forfeiture of a\nvehicle, vessel or aircraft as if a forfeiture application were made by\na police officer under Part 12, Division 2, of that Act.\n\nDivision 1 Conditions, requirements and signing of orders\nSentencing Act 1995 77\nDivision 1 Conditions, requirements and signing of orders\n100 Condition of order to undertake treatment program\nWhere a court may attach a condition to an order or require an\noffender to give an undertaking, the court may, as a condition of the\norder or as part of the undertaking, require an offender to undertake\na prescribed treatment program.\n","sortOrder":118},{"sectionNumber":"101","sectionType":"section","heading":"Consent of offender to conditional order","content":"101 Consent of offender to conditional order\nA court must not make an order which has attached to it conditions\nor which requires an offender to give an undertaking unless the\nconditions are explained to the offender in accordance with\nsection 102 and the offender consents to:\n(a) the order being made and to the conditions being attached; or\n(b) the conditions being included in the undertaking.\n","sortOrder":119},{"sectionNumber":"102","sectionType":"section","heading":"Explanation of orders","content":"102 Explanation of orders\n(1) Where a court proposes to make an order which has attached to it\nconditions to which an offender is required to consent or which\nrequires an offender to give an undertaking, it must, before making\nthe order, explain or cause to be explained to the offender, in\nlanguage likely to be readily understood by the offender:\n(a) the purpose and effect of the proposed order; and\n(b) the consequences that may follow if the offender fails without\nreasonable excuse to comply with the proposed order; and\n(c) where the proposed order requires the offender to undertake a\nprogram referred to in section 100, the benefits and detriments\nof the program, including the medical risks and benefits of any\ndrugs used in the program; and\n(d) the manner in which the proposed order may be varied.\n(2) Non-compliance with subsection (1) does not affect the validity of\nthe order.\n","sortOrder":120},{"sectionNumber":"102A","sectionType":"section","heading":"Signing of orders","content":"102A Signing of orders\n(1) This section applies to the following orders:\n(a) an order made under section 40;\n\nSentencing Act 1995 78\n(b) a community correction order;\n(c) an intensive community correction order;\n(f) an order varying or confirming an order mentioned in\nparagraph (a), (b) or (c).\n(2) On the making of the order, the offender must not leave the\nprecincts of the court without signing the order.\n(3) A police officer may, without a warrant, arrest an offender who the\npolice officer suspects, on reasonable grounds, has failed to comply\nwith subsection (2).\n","sortOrder":121},{"sectionNumber":"103","sectionType":"section","heading":"Assessment of offender before certain orders made","content":"103 Assessment of offender before certain orders made\n(1) A court must, before imposing a sentence on an offender that\nrequires the offender to be under the supervision of a probation and\nparole officer or community youth justice officer, have regard to a\nreport of the Commissioner or CEO (Youth Justice) as to the\nsuitability of the offender to be under supervision.\n(2) A report under subsection (1) may be in writing or given orally to the\n","sortOrder":122},{"sectionNumber":"104","sectionType":"section","heading":"Information before passing sentence or making order","content":"104 Information before passing sentence or making order\n(1) A court may, before passing sentence on an offender, receive such\ninformation as it thinks fit to enable it to impose the proper\n(2) A court may, before making an order for restitution or compensation\nunder Part 5, Division 1, receive such information as it thinks fit to\nenable it to make the proper order.\n","sortOrder":123},{"sectionNumber":"104A","sectionType":"section","heading":"Special provisions regarding cultural information","content":"104A Special provisions regarding cultural information\n(1) This section applies if, as part of the sentencing process, a party to\nproceedings seeks to present information to a court about:\n(a) an aspect of any form of customary law (including any\npunishment or restitution under that law); or\n(b) a cultural practice.\n\nSentencing Act 1995 79\n(2) Despite section 104, before agreeing to receive the information the\ncourt must have regard to:\n(a) whether the party intends to present the information in the\nform of evidence on oath, an affidavit or a statutory\ndeclaration; and\n(b) whether each other party to the proceedings:\n(i) has been given notice that the information will be\npresented to the court; and\n(ii) has had a reasonable opportunity to respond to the\ninformation.\n","sortOrder":124},{"sectionNumber":"105","sectionType":"section","heading":"Court may order pre-sentence report","content":"105 Court may order pre-sentence report\nA court may, before passing sentence on an offender, order a\npre-sentence report in respect of the offender and adjourn the\nproceedings to enable the report to be prepared and may admit the\noffender to bail or remand the offender in custody.\n","sortOrder":125},{"sectionNumber":"106","sectionType":"section","heading":"Contents of pre-sentence report","content":"106 Contents of pre-sentence report\n(1) A pre-sentence report may set out all or any of the following matters\nwhich, on investigation, appear to the author of the report to be\nrelevant to the sentencing of the offender and are readily\nascertainable by him or her:\n(a) the age of the offender;\n(b) the social history and background of the offender;\n(c) the medical and psychiatric history of the offender;\n(d) the offender's educational background;\n(e) the offender's employment history;\n(f) the circumstances of other offences of which the offender has\nbeen found guilty and which are known to the court;\n(g) the extent to which the offender is complying with a sentence\ncurrently imposed on the offender;\n(h) the offender's financial circumstances;\n(j) any special needs of the offender;\n\nSentencing Act 1995 80\n(k) any courses, programs, treatment, therapy or other assistance\nthat could be available to the offender and from which the\noffender may benefit.\n(2) The author of a pre-sentence report shall include in the report any\nother matter relevant to the sentencing of the offender which the\ncourt has directed to be set out in the report.\n","sortOrder":126},{"sectionNumber":"106A","sectionType":"section","heading":"Definitions","content":"106A Definitions\nIn this Subdivision:\nharm includes:\n(a) physical injury; and\n(b) psychological or emotional suffering, including grief; and\n(ba) contraction or fear of contraction of a sexually transmissible\nmedical condition; and\n(c) pregnancy; and\n(d) economic loss.\nrelative includes a relative according to Aboriginal tradition or\ncontemporary social practice, a spouse and a de facto partner.\nvictim means:\n(a) a person who suffers harm arising from an offence; or\n(b) where the person mentioned in paragraph (a) dies as a result\nof the commission of the offence, a person who was a relative\nof, or who was financially or psychologically dependent on, the\nperson.\nvictim impact statement means an oral or written statement\nprepared for section 106B(1) containing details of the harm suffered\nby a victim of an offence arising from the offence.\nvictim report means an oral or written statement, prepared by the\nprosecutor for section 106B(2), containing details of the harm\nsuffered by a victim of an offence arising from the offence.\n\nSentencing Act 1995 81\n","sortOrder":127},{"sectionNumber":"106B","sectionType":"section","heading":"Victim impact statements and victim reports","content":"106B Victim impact statements and victim reports\n(1) The prosecutor must present to the court, before it sentences an\noffender in relation to an offence, a victim impact statement where:\n(a) the victim consents to its presentation; or\n(b) in the case of a victim who, because of age or physical or\nmental disability, is incapable of giving consent – the report\nhas been prepared by a person who, in the opinion of the\ncourt, has a sufficiently close relationship with the victim.\n(2) The prosecutor must present to the court, before it sentences an\noffender in relation to an offence, a victim report in relation to each\nvictim of the offence where:\n(a) the victim has not consented to the presentation to the court of\na victim impact statement in relation to him or her but has\nbeen informed of the contents of the victim report and does\nnot object to its presentation; or\n(aa) in the case of a victim who, because of age or physical or\nmental disability, is incapable of giving consent – a person\nwho, in the opinion of the court, has a sufficiently close\nrelationship with the victim has been informed of the contents\nof the victim report and does not object to its presentation; or\n(b) the victim cannot, after reasonable attempts have been made\nby the prosecutor, be located;\nand there are readily ascertainable details of the harm suffered by\nthe victim arising from the offence that are not already before the\ncourt as evidence or as part of a pre-sentence report prepared\nunder section 105 in relation to the offender.\n(3) With the permission of the court, a person other than the prosecutor\nmay present a victim impact statement.\n(4) Subject to subsections (7) and (8), the court must consider each\nvictim impact statement and each victim report, if any, in relation to\nan offence before determining the sentence to be imposed in\nrelation to the offence.\n(5) A victim impact statement or a victim report may contain details of\nthe harm caused to the victim of the offence to which the statement\nor report relates arising from another offence:\n(a) for which the offender has already been sentenced, or will be\nsentenced in the proceedings then before the court; or\n\nSentencing Act 1995 82\n(b) which, under section 107, has already been taken into account\nin a sentence or which may be taken into account under that\nsection in the proceedings then before the court.\n(5A) A victim impact statement or victim report may contain a statement\nas to the victim's wishes in respect of the order that the court may\nmake in relation to the offence referred to in the statement or the\nreport.\n(6) A court must not draw an inference in favour of an offender or\nagainst a victim because a victim impact statement or victim report\nis not presented to the court.\n(7) A court must not take into account a written victim impact statement\nunless it has been signed.\n(8) A court must not take into account a victim impact statement or a\nvictim report, where the statement or report:\n(a) is in writing, unless a copy of the statement or report is\nprovided to the offender; or\n(b) is to be presented to the court orally, unless a written or oral\nsummary of the contents of the statement or report is provided\nto the offender.\n(9) A victim must not be cross-examined on the content of the victim's\nvictim impact statement.\n","sortOrder":128},{"sectionNumber":"107","sectionType":"section","heading":"Court may take alleged offences into account","content":"107 Court may take alleged offences into account\n(a) a court finds a person (the offender) guilty of an offence, not\nbeing or including murder; and\n(b) there has been filed in court a document, in the prescribed\nform, that:\n(i) lists other offences (the listed offences), whether\nindictable or summary, not being or including murder,\nthat it is alleged the offender has committed (whether or\nnot the offender has been charged) but in respect of\nwhich the offender has not been found guilty; and\n(ii) is signed by the offender and either a police officer or the\nprosecutor; and\n\nSentencing Act 1995 83\n(c) a copy of the document has been given to the offender.\n(2) If the court considers it appropriate to do so and the prosecution\nconsents, the court may ask the offender whether the offender:\n(a) admits committing any of the listed offences; and\n(b) wishes those listed offences to be taken into account by the\ncourt when passing sentence for the offence mentioned in\nsubsection (1)(a).\n(3) If the offender admits committing any of the listed offences and\nwishes those listed offences to be taken into account, the court may\ndo so if it considers it appropriate, but must not impose a sentence\nin respect of the offence mentioned in subsection (1)(a) in excess of\nthe maximum penalty for that offence.\n(3A) Despite subsection (3), the Local Court may not take into account a\nlisted offence unless it is:\n(a) a summary offence; or\n(b) an indictable offence of a type that is capable of being heard\nand determined in a summary manner.\n(4) If a listed offence is taken into account under this section, the court\nmay make any order that it would have been empowered to make\nunder Part 5 if the offender had been convicted before the court of\nthe listed offence but must not otherwise impose any separate\npunishment for the listed offence.\n(5) An order made under subsection (4) in respect of a listed offence\nmay be appealed against as if it has been made on the conviction\nof the offender for the listed offence.\n(7) The court must certify on the document filed in court any listed\noffences that have been so taken into account and the convictions\nin respect of which this has been done.\n(8) Proceedings must not be taken or continued in respect of any listed\noffence certified under subsection (7) unless each conviction in\nrespect of which it has been taken into account has been quashed\nor set aside.\n(9) An admission made under and for this section is not admissible in\nevidence in any proceeding taken or continued in respect of the\nlisted offence to which the admission relates.\n\nSentencing Act 1995 84\n(10) A person must not, for any purpose, be taken to have been\nconvicted of a listed offence taken into account under and in\naccordance with this section only because it was so taken into\naccount.\n(11) Whenever, in or in relation to any criminal proceeding, reference\nmay lawfully be made to, or evidence may lawfully be given of, the\nfact that a person was convicted of an offence, reference may\nlikewise be made to, or evidence may likewise be given of, the\ntaking into account under this section of any listed offence when\nsentence was imposed in respect of that conviction.\n(12) The fact that a listed offence was taken into account under this\nsection may be proved in the same manner as the conviction or\nconvictions in respect of which it was taken into account may be\nproved.\n","sortOrder":129},{"sectionNumber":"107A","sectionType":"section","heading":"Definitions","content":"107A Definitions\nAboriginal experience report, see section 107B.\napproved member, of a Law and Justice Group, means a member\nof the Law and Justice Group who is approved under\nsection 107C(3).\ncommunity court sentencing procedure means the sentencing of\nan offender in accordance with this Division.\nLaw and Justice Group, for a place, see section 107C(2).\n","sortOrder":130},{"sectionNumber":"107B","sectionType":"section","heading":"Aboriginal experience report","content":"107B Aboriginal experience report\n(1) An Aboriginal experience report is a report that is prepared by\napproved members of a Law and Justice Group in respect of an\noffender and the offence.\n(2) An Aboriginal experience report may contain the following\ninformation in respect of an offender and the offence:\n(a) the personal circumstances and background of the offender\nand the offender's family;\n(b) the family relationships of the offender;\n(c) the employment status of the offender;\n\nSentencing Act 1995 85\n(d) the offender's health;\n(e) the victim of the offence;\n(f) the impact of the offending on the offender's community;\n(g) the relationship between the offender and the offender's\ncommunity, including cultural connection;\n(h) the steps the offender has taken towards rehabilitation or\nrestoration;\n(i) general information or research about criminogenic factors.\n(3) An Aboriginal experience report must be in a manner or form\napproved by the Chief Judge.\n","sortOrder":131},{"sectionNumber":"107C","sectionType":"section","heading":"Law and Justice Group","content":"107C Law and Justice Group\n(1) The Minister may, by Gazette notice, approve a place for which a\nLaw and Justice Group may be established and recognised for the\npurposes of:\n(a) this Division; and\n(b) Part 5, Division 4 of the Youth Justice Act 2005.\n(2) A Law and Justice Group for a place approved under\nsubsection (1) is a community group established by the community\nfor the place.\n(3) The CEO may, by Gazette notice, approve a member of the Law\nand Justice Group that is established for the place to perform the\nfunctions of an approved member of the Group under:\n(a) this Division; and\n(b) Part 5, Division 4 of the Youth Justice Act 2005.\n(4) In deciding whether to approve a member of the Law and Justice\nGroup under subsection (3), the CEO must be satisfied that the\nmember is an appropriate person to perform the functions of an\napproved member, having regard to the member's character, skills\nand experience.\n(5) The CEO may approve guidelines in relation to the approval of\nmembers of a Law and Justice Group under subsections (3)\nand (4).\n\nSentencing Act 1995 86\n(6) Without limiting subsection (5), the guidelines may include criteria\nthat are to be considered in making a decision under\nsubsections (3) and (4).\n(7) Any guidelines approved under subsection (5) must be published\non the Agency's website.\n(8) In this section:\nCEO means the Chief Executive Officer of the Agency.\n","sortOrder":132},{"sectionNumber":"107D","sectionType":"section","heading":"Application for community court sentencing procedure","content":"107D Application for community court sentencing procedure\n(1) An offender may apply to the Local Court for the Court to sentence\nthe offender for an offence in accordance with the community court\nsentencing procedure if the offender:\n(a) has pleaded guilty to an offence in the Local Court; and\n(b) has agreed with the prosecutor to facts in relation to the\noffence and those facts have been given to the Court; and\n(c) is Aboriginal.\n(2) The application must specify a place:\n(a) in the Territory for the sitting of the Court; and\n(b) for which a Law and Justice Group is established.\n(3) The Court may grant the application or refuse to grant the\napplication.\n(4) In deciding whether to grant the application or refuse to grant the\napplication, the Court must have regard to:\n(a) the offender's connection to the place specified in the\napplication; and\n(b) any other matter the Court considers relevant.\n","sortOrder":133},{"sectionNumber":"107E","sectionType":"section","heading":"Community court sentencing procedure","content":"107E Community court sentencing procedure\n(1) If the Local Court grants an application under section 107D(3), the\nCourt must:\n(a) sit and hear the proceedings at the place specified in the\noffender's application; and\n(b) impose the sentence on the offender at the place.\n\nSentencing Act 1995 87\n(2) Before imposing a sentence on the offender, the Court:\n(a) must have regard to an Aboriginal experience report in relation\nto the offender and the offence; and\n(b) may have regard to the responses given to any questions\nasked of the approved members of the Law and Justice Group\nwho prepared the report as mentioned in subsection (4).\n(3) The Court may adjourn the proceedings to enable the Aboriginal\nexperience report to be prepared and may admit the offender to bail\nor remand the offender in custody.\n(4) After receiving the Aboriginal experience report the Court may, in\nrelation to the information contained in the report:\n(a) ask questions of the approved members of the Law and\nJustice Group who prepared the Aboriginal experience report;\nand\n(b) allow another person to ask questions of the approved\nmembers of the Law and Justice Group who prepared the\nAboriginal experience report.\n(5) The response given to a question asked under subsection (4) may\nbe given in writing or orally.\n(6) To avoid doubt, this section does not limit the matters the Court\nwould ordinarily have regard to in imposing a sentence on the\n","sortOrder":134},{"sectionNumber":"107F","sectionType":"section","heading":"Information in Aboriginal experience report and responses of","content":"107F Information in Aboriginal experience report and responses of\nLaw and Justice Group\n(1) The fact that information is contained in an Aboriginal experience\nreport or a response given to a question asked under\nsection 107E(4) does not constitute proof of the information.\n(2) If section 104A applies to information contained in an Aboriginal\nexperience report or a response given to a question asked under\nsection 107E(4), the failure of a court to comply with section 104A\nin relation to the information does not invalidate the information.\n","sortOrder":135},{"sectionNumber":"108","sectionType":"section","heading":"Time and place of sentence","content":"108 Time and place of sentence\n(1) Subject to Division 3A, the sentence for an offence may be imposed\nin open court at any time and place in the Territory.\n\nSentencing Act 1995 88\n(2) A court at a trial of an offence or receiving a plea of guilty to an\noffence may, when it thinks it desirable in the interests of justice so\nto do and from time to time if necessary:\n(a) fix, or indicate by reference to a fact or event, the time; and\n(b) fix the place;\nat which the sentence is to be imposed.\n(3) A court which is to impose sentence for an offence may:\n(a) admit the person to bail; or\n(b) make an order or orders for the removal in custody of the\nperson from one place in the Territory to another.\n(4) A person to be sentenced for an offence is taken, while in custody\npending sentencing, to be in the lawful custody of the\nCommissioner, the CEO (Youth Justice) or the Commissioner of\nPolice (according to whether the person is in a custodial\ncorrectional facility, in a detention centre as defined in section 5(1)\nof the Youth Justice Act 2005 or in police custody).\n(5) This section does not take away from any power of a court under\nstatute or at common law.\n","sortOrder":136},{"sectionNumber":"108A","sectionType":"section","heading":"Stating and recording requirement for sentence after guilty","content":"108A Stating and recording requirement for sentence after guilty\nplea\n(a) an offender has pleaded guilty to and been found guilty of an\noffence in the Local Court; and\n(b) in sentencing the offender the Court has:\n(i) had regard to the plea of guilty and the stage in the\nproceedings at which the offender pleaded guilty; and\n(ii) imposed a sentence that is less severe than the\nsentence that the Court would have imposed but for the\nplea of guilty.\n(2) In imposing the sentence, the person constituting the Court must\nalso state and record the sentence that would have been imposed\nbut for the plea of guilty.\n(3) However, it is not an error of law if the person does not state and\nrecord the sentence mentioned in subsection (2).\n\nSentencing Act 1995 89\n","sortOrder":137},{"sectionNumber":"110","sectionType":"section","heading":"Sentences not invalidated by failure to comply with procedural","content":"110 Sentences not invalidated by failure to comply with procedural\nrequirements\n(1) The failure of a court to give reasons or to comply with any other\nprocedural requirement contained in this Act in sentencing an\noffender does not invalidate any sentence imposed by it.\n(2) Nothing in subsection (1) prevents a court on an appeal against\nsentence from reviewing a sentence imposed by a court in\ncircumstances where there has been a failure that is referred to in\nthat subsection.\n","sortOrder":138},{"sectionNumber":"111","sectionType":"section","heading":"Correction of sentences by Supreme Court","content":"111 Correction of sentences by Supreme Court\n(1) Where:\n(a) a person has been sentenced (whether at first instance or on\nappeal) by a court (including the Supreme Court) for an\n(b) the sentencing court was the Local Court, application is made\nto the Supreme Court for relief or remedy in the nature of\ncertiorari to remove the proceeding into the Supreme Court;\nand the Supreme Court determines that the sentence imposed was\nbeyond the power of the sentencing court or its own power, if it was\nthe sentencing court, it may, instead of quashing the sentence,\namend the sentence by substituting for the sentence imposed a\nsentence which the sentencing court had power to impose.\n(2) Unless the Supreme Court otherwise directs, a sentence of\nimprisonment imposed by it under subsection (1) commences on\nthe day on which the sentence imposed in the earlier proceeding\npurported to take effect but in calculating the term to be served\nunder the sentence any time during which the offender was at large\n(whether on bail or otherwise) must be disregarded.\n(3) Subsections (1) and (2) extend and apply, with necessary changes,\nto any order made on, but not forming part of, the sentence of an\noffender as if reference in those subsections to a sentence included\na reference to such an order.\n\nSentencing Act 1995 90\n","sortOrder":139},{"sectionNumber":"112","sectionType":"section","heading":"Court may reopen proceeding to correct sentencing errors","content":"112 Court may reopen proceeding to correct sentencing errors\n(1) Where a court has in, or in connection with, criminal proceedings\n(including a proceeding on appeal):\n(a) imposed a sentence that is not in accordance with the law; or\n(b) failed to impose a sentence that the court legally should have\nimposed;\nthe court (whether or not differently constituted) may reopen the\nproceedings unless it considers the matter should more\nappropriately be dealt with by a proceeding on appeal.\n(2) Where a court reopens proceedings, it:\n(a) must give the parties an opportunity to be heard; and\n(b) may impose a sentence that is in accordance with the law;\nand\n(c) may amend any relevant conviction or order to the extent\nnecessary to take into account the sentence imposed under\nparagraph (b).\n(3) A court may reopen proceedings:\n(a) on its own initiative at any time; or\n(b) on the application of a party to the proceedings made not later\nthan:\n(i) 28 days after the day the sentence was imposed; or\n(ii) such further time as the court allows.\n(4) An application for leave to make an application under\nsubsection (3)(b)(ii) may be made at any time.\n(5) Subject to subsection (6), this section does not affect any right of\nappeal.\n(6) For the purposes of an appeal under any Act against a sentence\nimposed under subsection (3)(b), the time within which the appeal\nmust be made starts from the day the sentence is imposed under\nsubsection (2)(b).\n(7) This section applies to a sentence imposed, or required to be\nimposed, whether before or after the commencement of this\n\nSentencing Act 1995 91\n","sortOrder":140},{"sectionNumber":"Part 8","sectionType":"part","heading":"Appeals against sentence imposed on","content":"Part 8 Appeals against sentence imposed on\nvariation or breach\n","sortOrder":141},{"sectionNumber":"113","sectionType":"section","heading":"Appeal against sentence imposed on variation or breach","content":"113 Appeal against sentence imposed on variation or breach\nA person sentenced by a court in a proceeding for variation or\nbreach of a sentencing order has a right of appeal against sentence\nas if:\n(a) the court had immediately before imposing it found the person\nguilty, or convicted the person, of the offence in respect of\nwhich the sentencing order was originally made; and\n(b) the sentence was a sentence imposed on that finding of guilt\nor conviction.\n","sortOrder":142},{"sectionNumber":"114","sectionType":"section","heading":"Remission of sentence by Administrator","content":"114 Remission of sentence by Administrator\n(1) In this section, remission order means an order made under\nsubsection (2).\n(2) The Administrator may, by writing under his or her hand, order the\nremission, with or without conditions, of a sentence of imprisonment\nunder, or in respect of an offence against, a law of the Territory.\n(3) The Administrator may, by writing under his or her hand:\n(a) vary or revoke the conditions to which a remission order is\nsubject; or\n(b) impose additional conditions on a remission order; or\n(c) revoke a remission order.\n(4) Where a remission order has been:\n(a) revoked; or\n(b) contravened or a condition to which the remission order is\nsubject has not been complied with;\na police officer may, without warrant, arrest the person released\nunder the remission order.\n\nSentencing Act 1995 92\n(5) Where information is laid before a justice of the peace alleging that\na remission order has been:\n(a) revoked; or\n(b) contravened or a condition to which the remission order is\nsubject has not been complied with;\nthe justice of the peace may issue a warrant for the arrest of the\nperson released under the remission order.\n(6) A justice of the peace must not issue a warrant under\nsubsection (5) unless:\n(a) the informant and any other person furnishing information\nrequired by the justice of the peace concerning the issue of\nthe warrant furnishes the information on oath; and\n(b) the justice of the peace is satisfied that there are reasonable\ngrounds for issuing the warrant.\n(7) Where a person has been arrested under subsection (4)(a)\nor (5)(a), the person must, as soon as practicable, be brought\nbefore the Local Court and the Local Court must, if satisfied that the\nremission order has been revoked, issue a warrant for the\ncommitment of the person into the custody of the Commissioner to\nserve the part of the term of imprisonment that the person had not\nserved at the time the remission order was made.\n(8) Where a person has been arrested in accordance with\nsubsection (4)(b) or (5)(b), the person must, as soon as practicable,\nbe brought before the Local Court and, if the Local Court is satisfied\nthat the person has, without lawful excuse, contravened a condition\nof the remission order, the Local Court may revoke the remission\n(9) A person brought before the Local Court in accordance with\nsubsection (7) or (8) must, unless the Local Court determines\notherwise, be kept in custody until the Local Court has determined\nthe matter.\n(10) Where, under subsection (8), a remission order is revoked in\nrespect of a person who was serving a term of imprisonment at the\ntime that the remission order was made, the Local Court may issue\na warrant for the commitment of the person into the custody of the\nCommissioner to serve the part of the term of imprisonment that the\nperson had not served at the time that the remission order was\nmade.\n\nSentencing Act 1995 93\n(11) Where the Local Court acting in accordance with subsection (8)\nrevokes a remission order, the person in respect of whom the\nremission order was made may appeal to the Supreme Court\nagainst the revocation, and the Supreme Court must, if it is:\n(a) satisfied that the grounds under which the remission order\nwas revoked have been established – confirm the revocation;\nor\n(b) not so satisfied – order that the revocation cease to have\neffect.\n(12) Part VI, Division 2 of the Local Court (Criminal Procedure) Act 1928\napplies to and in relation to an appeal made under subsection (11).\n","sortOrder":143},{"sectionNumber":"115","sectionType":"section","heading":"Release by Administrator in exercise of prerogative of mercy","content":"115 Release by Administrator in exercise of prerogative of mercy\n(1) The Administrator may, in any case in which he or she is authorised\non behalf of the Sovereign to extend mercy to any person under\nsentence of imprisonment, do so by directing that the person be\nreleased, even before the end of a non-parole period:\n(a) on giving an undertaking; or\n(b) on parole under and subject to the Parole Act 1971.\n(2) An undertaking under subsection (1)(a):\n(a) must have as a condition that the person be of good\nbehaviour; and\n(b) may have as a condition that the person be under the\nsupervision of an employee employed in the Agency\nresponsible under the Minister for the administration of the\nCorrectional Services Act 2014; and\n(c) may have any other condition that the Administrator considers\nto be in the interests of the person or the community.\n(3) The period of an undertaking under subsection (1)(a) is the period\nfixed by the Administrator, which must be not less than the\nunexpired term of the original sentence.\n(4) A person who gives an undertaking under subsection (1)(a) must\nbe released from custody.\n\nSentencing Act 1995 94\n(4A) A police officer who suspects, on reasonable grounds, that a\nperson who gave an undertaking under subsection (1)(a) has\nbreached a condition of the undertaking may, without warrant,\narrest the person.\n(4B) For the application of sections 137 and 138 of the Police\nAdministration Act 1978, a breach of a condition of an undertaking\ngiven under subsection (1)(a) is to be taken to be an offence.\n(5) Where, at any time during the period of an undertaking under\nsubsection (1)(a), the Local Court is satisfied by evidence on oath\nor by affidavit or by the admission of the person who gave the\nundertaking that that person has failed without reasonable excuse\nto comply with any condition of the undertaking it may impose a fine\nnot exceeding $1,000 and direct that the person be committed into\nthe custody of the Commissioner for the unexpired term of the\noriginal sentence.\n(6) Except with the consent of the person who gave the undertaking,\nthe Local Court must not deal with the person under subsection (5)\nunless the person has been served with a notice to attend on the\nhearing of the proceeding.\n(7) The Local Court may order that a warrant to arrest be issued\nagainst a person who gave an undertaking if he or she does not\nattend before the Court on the hearing of the proceeding under\nsubsection (5).\n(8) A registrar of the Local Court may sign any warrant that may be\nnecessary for subsection (5) and the period of imprisonment after\ncommittal begins on the day of the committal, if the person is then\nbefore the Court, and if not, on the day of his or her subsequent\narrest.\n(9) A person who gives an undertaking under subsection (1)(a) is\ndischarged from the original sentence at the end of the period of the\nundertaking if an order has not been made under subsection (5).\n(10) If the Local Court recommits a person into the custody of the\nCommissioner under this section, the Correctional Services\nAct 2014 applies as if the person had just been convicted by the\nCourt and sentenced to be imprisoned for a term equal to the\nunexpired term of the original sentence.\n(11) A fine imposed under this section is taken for all purposes to be a\nfine payable on a conviction of an offence.\n\nSentencing Act 1995 95\n","sortOrder":144},{"sectionNumber":"116","sectionType":"section","heading":"Penalties for offences may be remitted","content":"116 Penalties for offences may be remitted\nThe Administrator may:\n(a) remit in whole or in part any sum of money which is imposed\nunder any Act as a penalty or forfeiture; and\n(b) order the discharge from the custody of the Commissioner of\nany person who is imprisoned for non-payment of any sum of\nmoney so imposed;\nalthough the sum is in whole or in part payable to a party other than\nthe Crown.\n","sortOrder":145},{"sectionNumber":"117","sectionType":"section","heading":"Offender to be before court when sentence imposed","content":"117 Offender to be before court when sentence imposed\n(1) A court must not make an order under Part 3 unless the offender in\nrespect of whom the order is to be made is before the court.\nSection 49E(8) of the Evidence Act 1939 provides that a requirement that a\nperson be before a court is taken to be satisfied if the person is before the court\nby way of a communication link in accordance with Part 5, Division 2 of that Act.\n(2) Subsection (1) does not apply to:\n(a) an order imposing a fine under section 16; or\n(b) an order made on the hearing of an appeal.\n","sortOrder":146},{"sectionNumber":"120","sectionType":"section","heading":"Lesser sentence may be imposed","content":"120 Lesser sentence may be imposed\nSubject to anything to the contrary in this or any other Act, a court\nmay, as it thinks fit in sentencing an offender, impose a shorter term\nof imprisonment or a lesser amount as a fine than that prescribed.\n","sortOrder":147},{"sectionNumber":"121","sectionType":"section","heading":"Effect of alterations in penalties","content":"121 Effect of alterations in penalties\n(1) Where an Act, including this Act, or an instrument of a legislative or\nadministrative character increases the penalty or the maximum or\nminimum penalty for an offence, the increase applies only to an\noffence committed after the commencement of the provision\neffecting the increase.\n(2) Where an Act, including this Act, or an instrument of a legislative or\nadministrative character reduces the penalty or the maximum or\nminimum penalty for an offence, the reduction extends to an\noffence committed before the commencement of the provision\n\nSentencing Act 1995 96\neffecting the reduction for which no penalty had been imposed at\nthat commencement.\n","sortOrder":148},{"sectionNumber":"122","sectionType":"section","heading":"Maximum penalty for indictable offence dealt with summarily","content":"122 Maximum penalty for indictable offence dealt with summarily\n(1) If the Local Court hears and determines a charge of an indictable\noffence summarily, the court must not impose on the person found\nguilty of the offence a sentence of imprisonment of more than\n5 years or a fine greater than 500 penalty units.\n(2) Subsection (1) does not have the effect of increasing the maximum\npenalty for the indictable offence.\n","sortOrder":149},{"sectionNumber":"123","sectionType":"section","heading":"Old offences relevant in determining previous convictions","content":"123 Old offences relevant in determining previous convictions\n(1) A finding of guilt or conviction of an old offence counts as a finding\nof guilt or conviction of a new offence for the purpose of\ndetermining whether or not a person has previously been found\nguilty or convicted of the new offence.\n(2) For this section:\n(a) an old offence is an offence under a repealed statutory\nprovision which is constituted by the same acts, omissions,\nmatters, circumstances or things as an offence (the new\noffence) under an Act or an instrument of a legislative or\nadministrative character which substantially re-enacts\n(whether in the same language or not) the repealed statutory\nprovision; and\n(b) a repealed statutory provision is an Act or a provision of an\nAct that has been repealed or an instrument of a legislative or\nadministrative character or a provision of such an instrument\nthat has been repealed or revoked.\n(3) This section applies even where the new offence differs from the\nold offence in:\n(a) its penalty; or\n(b) the procedure applicable to its prosecution; or\n(c) its classification; or\n(d) its name;\nunless a contrary intention appears in the Act or the instrument of a\nlegislative or administrative character that creates the new offence.\n\nSentencing Act 1995 97\n","sortOrder":150},{"sectionNumber":"123A","sectionType":"section","heading":"Late guilty plea not relevant for sentencing for offence","content":"123A Late guilty plea not relevant for sentencing for offence\n(a) an offender is charged with an offence in the Local Court; and\n(b) the offence is listed for a trial in the Local Court; and\n(c) a plea of guilty is received from the offender within 7 days\nbefore the date appointed for the trial.\n(2) Despite section 5(2)(j), the court, in sentencing the offender, must\nnot:\n(a) have regard to the plea of guilty and the stage in the\nproceedings at which the offender pleaded guilty; and\n(b) impose a sentence that is less severe than the sentence that\nthe Local Court would have imposed but for the plea of guilty.\n(3) Subsection (2) does not apply if the court is satisfied that the\noffender could not have pleaded guilty any earlier.\n","sortOrder":151},{"sectionNumber":"124","sectionType":"section","heading":"Abolition of common law bonds","content":"124 Abolition of common law bonds\nA court does not have jurisdiction to release an offender on a\nrecognisance or bond to be of good behaviour and to appear for\nsentence when called on.\n","sortOrder":152},{"sectionNumber":"126","sectionType":"section","heading":"Facilitation of proof","content":"126 Facilitation of proof\nWhere an offender is before a court to be dealt with for a breach of\na sentencing order made under this Act:\n(a) an averment of the prosecutor that the offender is the person\nin respect of whom the order was made is evidence of the\nmatter so averred; and\n(b) on the averring of the fact referred to in paragraph (a), the\noffender may be asked by the court whether the person was\nconvicted of the offence or offences in respect of which the\norder was made and, if the person admits the conviction or\nconvictions, no further proof of the conviction or convictions is\nnecessary.\n","sortOrder":153},{"sectionNumber":"128","sectionType":"section","heading":"Regulations","content":"128 Regulations\n(1) The Administrator may make regulations under this Act.\n\nSentencing Act 1995 98\n(2) The Regulations may:\n(a) be of general or limited application; or\n(b) confer a discretionary authority or impose a duty on a\nspecified person or a specified class of person; or\n(c) prescribe the fees payable in respect of any matter under this\nAct; or\n(d) prescribe penalties, not exceeding 100 penalty units, for\noffences against the Regulations.\nDivision 1 Repeal of Acts\n129 Repeal\nThe Acts and Ordinances specified in Schedule 4 are repealed.\n130 Savings and transitional\n(1) This Act applies to a sentence imposed after the commencement of\nthis section, irrespective of when the offence was committed.\n(2) Where, immediately before the commencement of this section, an\norder under the Criminal Law (Conditional Release of Offenders)\nAct 1971 or a sentence was in force in respect of a person, the\nperson continues to be subject to the requirements of the order or\nsentence in all respects as if this Act has not commenced but the\norder or sentence may be cancelled or varied and any failure to\ncomply with it may be dealt with under this Act (whether or not, in\nthe case of an order, the order is still in force) as if it were made or\nimposed after the commencement of this section.\n(3) Where, immediately before the commencement of this section, a\ndeclaration under section 397 or a direction under section 401 of\nthe Criminal Code detaining a person at the Administrator's\npleasure was in force, the person continues to be subject to the\nrequirements of the declaration or direction in all respects, and the\ndeclaration or direction shall be subject to, and the person may be\ndealt with under, the Criminal Code or section 8A of the Criminal\nLaw (Conditional Release of Offenders) Act 1971 as in force before\nthat commencement, as if this Act had not commenced.\n\nDivision 5 Transitional matters for Justice (Corrections) and Other Legislation\nAmendment Act 2011\nSentencing Act 1995 99\n(4) The Regulations may contain provisions of a savings or transitional\nnature consequent on the commencement of the various provisions\nof this Act.\n(5) For the purposes of this section, an order made or imposed by an\nappellate court after the commencement of this section on setting\naside an order made or a sentence imposed before that\ncommencement shall be taken to have been made or imposed at\nthe time the original order was made or the sentence imposed.\n","sortOrder":154},{"sectionNumber":"Div 3","sectionType":"division","heading":"Transitional matters for Sentencing Amendment","content":"Division 3 Transitional matters for Sentencing Amendment\n(Aboriginal Customary Law) Act 2004\n","sortOrder":155},{"sectionNumber":"131","sectionType":"section","heading":"Application of section 104A","content":"131 Application of section 104A\nSection 104A applies in relation to information presented to a court\nafter the commencement of the Sentencing Amendment (Aboriginal\nCustomary Law) Act 2004.\n","sortOrder":156},{"sectionNumber":"Div 4","sectionType":"division","heading":"Transitional matters for the Criminal Code","content":"Division 4 Transitional matters for the Criminal Code\nAmendment (Criminal Damage) Act 2011\n","sortOrder":157},{"sectionNumber":"132","sectionType":"section","heading":"Transitional matters for Criminal Code Amendment (Criminal","content":"132 Transitional matters for Criminal Code Amendment (Criminal\nDamage) Act 2011\nThe amendment made to section 3 by the Criminal Code\nAmendment (Criminal Damage) Act 2010 does not affect the\noperation of this Act, on and after the commencement of the\namendment, to an offence:\n(a) mentioned in section 3, definition aggravated property\noffence, paragraph (d), as in force immediately before the\ncommencement of the amendment; and\n(b) was committed or is alleged to have been committed before\nthe commencement of the amendment.\nDivision 5 Transitional matters for Justice (Corrections) and\nOther Legislation Amendment Act 2011\n","sortOrder":158},{"sectionNumber":"133","sectionType":"section","heading":"Community based orders and community custody orders for","content":"133 Community based orders and community custody orders for\npre-commencement offences\nTo avoid doubt, a court may make a community based order or\ncommunity custody order for an offender for an offence committed\nbefore the commencement of this section.\n\nDivision 6 Transitional matters for Justice and Other Legislation Amendment Act 2014\nSentencing Act 1995 100\nDivision 6 Transitional matters for Justice and Other\nLegislation Amendment Act 2014\n134 Application of section 64 to offences committed before\n(1) Section 64, as amended by the Justice and Other Legislation\nAmendment Act 2014, applies only in relation to a sentence of\nimprisonment, or commitment to prison, for an offence committed\nbefore the commencement of this section (commencement) if:\n(a) the sentence is imposed in proceedings in which a court starts\nhearing sentencing submissions after commencement; or\n(b) the commitment is imposed in a hearing under section 15(4)\nthat starts after commencement.\n(2) Section 64, as in force before commencement, continues to apply\nin relation to a sentence of imprisonment, or commitment to prison,\nfor an offence committed before commencement if:\n(a) the sentence is imposed in proceedings in which a court\nstarted hearing sentencing submissions before\ncommencement; or\n(b) the commitment is imposed in a hearing under section 15(4)\nthat started before commencement.\n","sortOrder":159},{"sectionNumber":"135","sectionType":"section","heading":"Application of section 104A to offences committed before","content":"135 Application of section 104A to offences committed before\n(1) Section 104A, as amended by the Justice and Other Legislation\nAmendment Act 2014, applies only in relation to proceedings for an\noffence committed before the commencement of this section\n(commencement) if a court starts hearing sentencing submissions\nafter commencement.\n(2) Section 104A, as in force before commencement, continues to\napply in relation to proceedings for an offence committed before\ncommencement if a court started hearing sentencing submissions\nbefore commencement.\n","sortOrder":160},{"sectionNumber":"136","sectionType":"section","heading":"Application of section 107 to offences committed before","content":"136 Application of section 107 to offences committed before\n(1) Section 107, as amended by the Justice and Other Legislation\nAmendment Act 2014, applies only in relation to proceedings for an\noffence committed before the commencement of this section\n(commencement) if a court starts hearing sentencing submissions\nafter commencement.\n\n","sortOrder":161},{"sectionNumber":"Div 8","sectionType":"division","heading":"Justice Legislation Amendment (Summary Procedure) Act 2015","content":"Division 8 Justice Legislation Amendment (Summary Procedure) Act 2015\nSentencing Act 1995 101\n(2) To avoid doubt, an offence may be listed in a document filed under\nsection 107(1)(b), as amended by the Justice and Other Legislation\nAmendment Act 2014, even if:\n(a) the charge for the offence was laid before commencement; or\n(b) the offence is alleged to have been committed before\n(3) Section 107, as in force before commencement, continues to apply\nin relation to proceedings for an offence committed before\ncommencement if a court started hearing sentencing submissions\nbefore commencement.\n","sortOrder":162},{"sectionNumber":"Div 7","sectionType":"division","heading":"Transitional matters for Sentencing Legislation","content":"Division 7 Transitional matters for Sentencing Legislation\nAmendment Act 2015\n","sortOrder":163},{"sectionNumber":"137","sectionType":"section","heading":"Application of amendments","content":"137 Application of amendments\n(1) Section 57, as amended by the amending Act, applies if an offender\nis sentenced by a court to a further term of imprisonment after the\ncommencement, even if the offence to which the sentence relates\nwas committed before the commencement.\n(2) Section 59, as in force immediately before the commencement,\ncontinues to apply in relation to a sentence, the service of which\nwas suspended under section 59 before the commencement, as if\nthe amending Act had not commenced.\namending Act means the Sentencing Legislation Amendment\nAct 2015.\ncommencement means the commencement of the amending Act.\nDivision 8 Justice Legislation Amendment (Summary\nProcedure) Act 2015\n","sortOrder":164},{"sectionNumber":"138","sectionType":"section","heading":"Definitions","content":"138 Definitions\namending Act means the Justice Legislation Amendment\n(Summary Procedure) Act 2015.\ncommencement means the commencement of the amending Act.\n\nSentencing Act 1995 102\n","sortOrder":165},{"sectionNumber":"139","sectionType":"section","heading":"Application of sections 5(2)(ha) and 123A","content":"139 Application of sections 5(2)(ha) and 123A\n(1) Sections 5(2)(ha) and 123A, as inserted by the amending Act, apply\nonly in relation to offences committed after the commencement.\noccurred on or before the commencement, the offence is taken to\nhave been committed on or before the commencement.\n","sortOrder":166},{"sectionNumber":"140","sectionType":"section","heading":"Application of section 108A","content":"140 Application of section 108A\nSection 108A, as inserted by the amending Act, applies in relation\nto proceedings for an offence committed before the commencement\nonly if a court starts hearing sentencing submissions after the\n","sortOrder":167},{"sectionNumber":"Div 9","sectionType":"division","heading":"Transitional matter for Criminal Code Amendment","content":"Division 9 Transitional matter for Criminal Code Amendment\n(Property Offences) Act 2022\n","sortOrder":168},{"sectionNumber":"141","sectionType":"section","heading":"Definition aggravated property offence","content":"141 Definition aggravated property offence\n(1) This Act, as in force immediately before the commencement,\ncontinues to apply in relation to an offence defined as an\naggravated property offence immediately before the\ncommencement that was committed before the commencement.\n(2) In this section:\ncommencement means the commencement of section 31 of the\nCriminal Code Amendment (Property Offences) Act 2022.\n","sortOrder":169},{"sectionNumber":"Div 10","sectionType":"division","heading":"Transitional matters for Sentencing and Other","content":"Division 10 Transitional matters for Sentencing and Other\nLegislation Amendment Act 2022\n","sortOrder":170},{"sectionNumber":"142","sectionType":"section","heading":"Definition","content":"142 Definition\ncommencement means the commencement of Part 2 of the\nSentencing and Other Legislation Amendment Act 2022.\n\nSentencing Act 1995 103\n","sortOrder":171},{"sectionNumber":"143","sectionType":"section","heading":"Community correction orders and intensive community","content":"143 Community correction orders and intensive community\ncorrection orders\n(1) A court may make a community correction order or an intensive\ncommunity correction order in relation to an offender:\n(a) for an offence committed before the commencement if the\ncourt had not imposed a sentence on the offender in relation\nto the offence before the commencement; and\n(b) for an offence committed after the commencement.\n","sortOrder":172},{"sectionNumber":"144","sectionType":"section","heading":"Mandatory sentencing before and after commencement","content":"144 Mandatory sentencing before and after commencement\n(1) This section applies:\n(a) to an offender:\n(i) who committed an offence before the commencement;\nand\n(ii) to whom Part 3, Division 6A, as in force before the\ncommencement, applies; and\n(b) if a court had not imposed a sentence on the offender in\nrelation to the offence before the commencement.\n(2) Subject to section 148, the Act as in force after the commencement\napplies in relation to the sentence the court must impose on the\noffender in relation to the offence.\n(3) For this section, if any of the conduct constituting an offence\n","sortOrder":173},{"sectionNumber":"145","sectionType":"section","heading":"Application of Act to old orders","content":"145 Application of Act to old orders\n(1) To avoid doubt, an old order that is in force immediately before the\ncommencement continues in force after the commencement in\naccordance with the terms of the order.\n(2) The repealed provisions continue to apply in relation to an old order\nmentioned in subsection (1).\n\nSentencing Act 1995 104\nold order means any of the following orders made under this Act\nas in force before the commencement:\n(a) an order made under section 11;\n(b) an order made under section 13;\n(c) a community work order;\n(d) a community based order;\n(e) a home detention order;\n(f) a community custody order;\n(g) a perpetrators' program order.\nrepealed provisions means the following provisions as in force\nimmediately before the commencement:\n(a) section 11;\n(b) section 13;\n(c) Part 3, Division 2, Subdivision 4;\n(d) Part 3, Divisions 4 and 4A;\n(e) Part 3, Division 5, Subdivisions 2 and 2A;\n(f) Part 3, Division 8.\n","sortOrder":174},{"sectionNumber":"146","sectionType":"section","heading":"Application of section 5","content":"146 Application of section 5\n(1) Section 5, as amended by the Sentencing and Other Legislation\nAmendment Act 2022, applies in relation to:\n(a) the sentencing of an offender in relation to an offence\ncommitted before the commencement if the court had not\nimposed a sentence on the offender before the\ncommencement; and\n(b) the sentencing of an offender in relation to an offence\ncommitted after the commencement.\n\n","sortOrder":175},{"sectionNumber":"Div 11","sectionType":"division","heading":"Transitional matters for Sentencing Legislation Amendment Act 2023","content":"Division 11 Transitional matters for Sentencing Legislation Amendment Act 2023\nSentencing Act 1995 105\n","sortOrder":176},{"sectionNumber":"147","sectionType":"section","heading":"Application of section 42","content":"147 Application of section 42\n(1) Section 42, as amended by the Sentencing and Other Legislation\nAmendment Act 2022, applies in relation to an order wholly or\npartially suspending a sentence of imprisonment made after the\n(2) Section 42, as in force before the commencement, applies in\nrelation to an order wholly or partially suspending a sentence of\nimprisonment made before the commencement.\n","sortOrder":177},{"sectionNumber":"148","sectionType":"section","heading":"Non-parole period for offences committed before the","content":"148 Non-parole period for offences committed before the\n(1) This section applies:\n(a) to the sentencing of an offender:\n(i) who committed an offence against the Misuse of Drugs\nAct 1990 or an offence against section 120(1) of the\nDomestic and Family Violence Act 2007 before the\ncommencement; or\n(ii) to whom Part 3, Division 6A, as in force before the\ncommencement, applied; and\n(b) if a court had not imposed the sentence on the offender in\nrelation to the offence before the commencement.\n(2) If a court sentences the offender to be imprisoned for 12 months or\nlonger that is not suspended in whole or in part for the offence, the\ncourt must fix a period under section 53(1) of not less than 50% of\nthe period of imprisonment that the offender is to serve under the\n(3) For this section, if any of the conduct constituting an offence\nDivision 11 Transitional matters for Sentencing Legislation\nAmendment Act 2023\n","sortOrder":178},{"sectionNumber":"149","sectionType":"section","heading":"Application of Part 6, Division 3A","content":"149 Application of Part 6, Division 3A\n(1) Part 6, Division 3A, as inserted by the Sentencing Legislation\nAmendment Act 2023, applies in relation to the sentencing of an\noffender for an offence committed after the commencement.\n\n","sortOrder":179},{"sectionNumber":"Div 13","sectionType":"division","heading":"Transitional matters for Justice Legislation Amendment (Domestic and Family","content":"Division 13 Transitional matters for Justice Legislation Amendment (Domestic and Family\nViolence) Act 2023\nSentencing Act 1995 106\ncommencement means the commencement of Part 2 of the\nSentencing Legislation Amendment Act 2023.\n","sortOrder":180},{"sectionNumber":"Div 12","sectionType":"division","heading":"Transitional matter for Criminal Justice Legislation","content":"Division 12 Transitional matter for Criminal Justice Legislation\nAmendment (Sexual Offences) Act 2023\n","sortOrder":181},{"sectionNumber":"150","sectionType":"section","heading":"Application of section 5","content":"150 Application of section 5\n(1) Section 5, as amended by section 29 of the amending Act, applies\nonly in relation to offences that are committed after the\ncommencement of this section.\noccurred before the commencement of this section, the offence is\ntaken to have been committed before the commencement of this\namending Act means the Criminal Justice Legislation Amendment\n(Sexual Offences) Act 2023.\nDivision 13 Transitional matters for Justice Legislation\nAmendment (Domestic and Family Violence)\nAct 2023\n","sortOrder":182},{"sectionNumber":"151","sectionType":"section","heading":"Definitions","content":"151 Definitions\namending Act means the Justice Legislation Amendment\n(Domestic and Family Violence) Act 2023.\ncommencement means the commencement of Part 7 of the\n","sortOrder":183},{"sectionNumber":"152","sectionType":"section","heading":"Application of amendment to section 6A","content":"152 Application of amendment to section 6A\n(1) Section 6A, as amended by the amending Act, applies only relation\nto offences committed after the commencement.\n\n","sortOrder":184},{"sectionNumber":"Div 14","sectionType":"division","heading":"Transitional matters for Justice and Other Legislation Further Amendment Act","content":"Division 14 Transitional matters for Justice and Other Legislation Further Amendment Act\nSentencing Act 1995 107\n(2) Section 6A, as in force before the commencement, continues to\napply in relation to offences committed before the commencement.\n(3) For this section:\n(a) an offence is taken to be committed after the commencement\nonly if all of the conduct constituting the offence occurred after\nthe commencement; and\n(b) any other offence is taken to be committed before the\n","sortOrder":185},{"sectionNumber":"153","sectionType":"section","heading":"Application of section 52","content":"153 Application of section 52\nSection 52, as inserted by section 60 of the amending Act, applies\nin relation to the sentencing of an offender after the\ncommencement, regardless of when the offences for which the\noffender is being sentenced were committed.\nDivision 14 Transitional matters for Justice and Other\nLegislation Further Amendment Act 2024\n","sortOrder":186},{"sectionNumber":"154","sectionType":"section","heading":"Definitions","content":"154 Definitions\namending Act means the Justice and Other Legislation Further\nAmendment Act 2024.\ncommencement means the commencement of Part 9 of the\n","sortOrder":187},{"sectionNumber":"155","sectionType":"section","heading":"Continuation of approved places for Law and Justice Groups","content":"155 Continuation of approved places for Law and Justice Groups\nAn approval of a place under section 107C(1) of the Act that is in\neffect immediately before the commencement continues in effect\nafter the commencement as if the place had been approved under\nsection 107C(1), as inserted by the amending Act.\n","sortOrder":188},{"sectionNumber":"156","sectionType":"section","heading":"Continuation of appointed members as approved members of","content":"156 Continuation of appointed members as approved members of\nLaw and Justice Groups\n(1) Subsection (2) applies to a person who was appointed as a\nmember of a Law and Justice Group for a place referred to in\nsection 155, under regulation 19 of the Sentencing\nRegulations 1996 as in force immediately before the\n\n","sortOrder":189},{"sectionNumber":"Div 16","sectionType":"division","heading":"Transitional matters for Sentencing Amendment (Murder) Act 2026","content":"Division 16 Transitional matters for Sentencing Amendment (Murder) Act 2026\nSentencing Act 1995 108\n(2) The person is taken to have been approved under section 107C(3),\nas inserted by the amending Act, to be an approved member of the\nLaw and Justice Group for the place after the commencement.\n","sortOrder":190},{"sectionNumber":"Div 15","sectionType":"division","heading":"Transitional matters for Sentencing Amendment","content":"Division 15 Transitional matters for Sentencing Amendment\nAct 2024\n","sortOrder":191},{"sectionNumber":"157","sectionType":"section","heading":"Mandatory sentencing before and after commencement","content":"157 Mandatory sentencing before and after commencement\n(1) Sections 78DAA, 78DAB and 78DBA, as inserted by the amending\nAct, apply in relation to the sentencing of an offender for an offence\ncommitted after the commencement.\n(2) Section 78DA, as in force before the commencement, continues to\napply in relation to the sentencing of an offender for an offence\ncommitted before commencement.\n(3) Section 78DA, as amended by the amending Act, applies in relation\nto the sentencing of an offender for an offence committed after the\n(4) For this section, if any of the conduct constituting an offence\n(5) In this section:\namending Act means the Sentencing Amendment Act 2024.\ncommencement means the commencement of section 3 of the\nDivision 16 Transitional matters for Sentencing Amendment\n(Murder) Act 2026\n","sortOrder":192},{"sectionNumber":"158","sectionType":"section","heading":"Application of amendments to section 53A","content":"158 Application of amendments to section 53A\n(1) The amendments to section 53A by the Sentencing Amendment\n(Murder) Act 2026 do not apply to an offence committed before the\ncommencement of section 4 of that Act.\n\nSentencing Act 1995 109\nsection 78C, definition violent offence\nCriminal Code\nsection 54 Terrorism\nsection 55 Contribution towards acts of terrorism\nsection 155A Assault, obstruction etc. of persons providing\nrescue, medical treatment or other aid\nif the offender assaulted the other person\nsection 156 Murder\nsection 160 Manslaughter\nsection 161A Violent act causing death\nsection 165 Attempt to murder\nsection 166 Threats to kill\nsection 175 Disabling in order to commit indictable offence\nsection 176 Stupefying in order to commit indictable offence\nsection 177 Acts intended to cause serious harm or prevent\napprehension\nsection 181 Serious harm\nsection 182 Attempting to injure by explosive substances\nsection 185 Setting man-traps\nsection 186 Harm\nsection 188 Common assault\nsection 188A Assaults on workers\nsection 189 Unlawful stalking\nsection 189A Assaults on police\nsection 190 Assaults on the Administrator or judges\nsection 191 Assaults on member of crew of aircraft\nsection 193 Assaults with intent to commit an offence\nsection 193B Assault with intent to steal\nsection 194 Kidnapping for ransom\nsection 218 Robbery\n\nSentencing Act 1995 110\nsection 3(1)\n1 An offence against section 125B or 125C of the Criminal Code if the\noffender is an individual.\n2 An offence against a provision of Part VIA of the Criminal Code, other\nthan section 208NA.\n3 An offence against any of the following provisions of the Criminal Code,\nas in force before the commencement of Part 2 of the Criminal Justice\nLegislation Amendment (Sexual Offences) Act 2023:\n(a) section 127, 128, 130, 131, 131A, 132, 134 or 138;\n(b) section 188 if the circumstance mentioned in section 188(2)(k)\napplied;\n(c) section 192 or 192B.\n\nSentencing Act 1995 111\nsection 129\nOrdinance 1971\nNo. 34, 1971\nOrdinance 1978\nNo. 68, 1978\nAct 1979\nNo. 35, 1979\nAct 1980\nNo. 11, 1980\nAmendment Act 1982\nNo. 61, 1982\nAmendment Act 1986\nNo. 57, 1986\nAmendment Act 1987\nNo. 53, 1987\nAmendment Act 1989\nNo. 24, 1989\nAmendment Act (No. 2) 1989\nNo. 84, 1989\nAmendment Act 1990\nNo. 14, 1990\n\nSentencing Act 1995 112\n1 KEY\nKey to abbreviations in list of legislation and amendments\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSentencing Act 1995 (Act No. 39, 1995)\nAssent date 29 September 1995\nCommenced 1 July 1996 (Gaz S15, 13 June 1996)\nSentencing Amendment Act 1996 (Act No. 47, 1996)\nAssent date 31 October 1996\nCommenced 1 March 1997 (Gaz G4, 29 January 1997, p 2)\nSentencing Amendment Act (No. 2) 1996 (Act No. 65, 1996)\nAssent date 31 December 1996\nCommenced 8 March 1997 (Gaz S7, 7 March 1997)\nStatute Law Revision Act 1997 (Act No. 17, 1997)\nAssent date 11 April 1997\nCommenced 1 May 1997 (Gaz G17, 30 April 1997, p 2)\nSentencing Amendment Act 1998 (Act No. 14, 1998)\nAssent date 30 March 1998\nCommenced 29 April 1998 (Gaz G16, 29 April 1998, p 3)\nSentencing Amendment Act (No. 2) 1998 (Act No. 91, 1998)\nAssent date 11 December 1998\nCommenced 13 January 1999 (Gaz G1, 13 January 1999, p 6)\nSentencing Amendment Act 1999 (Act No. 4, 1999)\nAssent date 26 February 1999\nCommenced 1 April 1999 (s 2, s 2 Penalties Act 1999 (Act No. 2, 1999)\nand Gaz G11, 24 March 1999, p 3)\n\nSentencing Act 1995 113\nSentencing Amendment Act (No. 2) 1999 (Act No. 33, 1999)\nAssent date 18 June 1999\nCommenced s 19: 1 February 2000 (s 2(1), s 2 Mental Health and Related\nServices (Consequential Amendments) Act 1999 (Act No. 11,\n1999) and Gaz G3, 26 January 2000, p 2); rem: 4 July 1999\n(s 2(2) and Gaz S31, 1 July 1999)\nMental Health and Related Services (Consequential Amendments) Act 1999 (Act No. 11,\n1999)\nAssent date 25 March 1999\nCommenced 1 February 2000 (s 2, s 2 Mental Health and Related Services\nAct 1998 (Act No. 63, 1998) and Gaz G3, 26 January 2000,\np 2)\nSentencing of Juveniles (Miscellaneous Provisions) Act 2000 (Act No. 17, 2000)\nAssent date 30 May 2000\nCommenced 1 June 2000 (s 2)\nSentencing Amendment Act 2001 (Act No. 38, 2001)\nAssent date 19 July 2001\nCommenced 26 September 2001 (Gaz G38, 26 September 2001, p 4)\nSentencing Amendment Act (No. 2) 2001 (Act No. 39, 2001)\nAssent date 19 July 2001\nCommenced 26 September 2001 (Gaz G38, 26 September 2001, p 4)\nSentencing Amendment Act (No. 3) 2001 (Act No. 55, 2001)\nAssent date 19 October 2001\nCommenced 22 October 2001 (s 2)\nFines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60,\n2001)\nAssent date 11 December 2001\nCommenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery)\nAct 2001 (Act No. 60, 2002) and Gaz G50,\n19 December 2001, p 3)\nSentencing Amendment Act (No. 4) 2001 (Act No. 66, 2001)\nAssent date 21 December 2001\nCommenced 21 December 2001\nCriminal Property Forfeiture (Consequential Amendments) Act 2002 (Act No. 35, 2002)\nAssent date 16 July 2002\nCommenced 1 June 2003 (s 2, s 2 Criminal Property Forfeiture Act 2002\n(Act No. 35, 2002) and Gaz G21, 28 May 2003, p 2)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nSentencing (Crime of Murder) and Parole Reform Act 2003 (Act No. 3, 2004)\nAssent date 7 January 2004\nCommenced 11 February 2004 (Gaz G6, 11 February 2004, p 2)\nSentencing Amendment (Aboriginal Customary Law) Act 2004 (Act No. 1, 2005)\nAssent date 14 January 2005\nCommenced 16 February 2005 (Gaz G7, 16 February 2005, p 6)\n\nSentencing Act 1995 114\nJustice Portfolio (Miscellaneous Amendments) Act 2005 (Act No. 20, 2005)\nAssent date 6 May 2005\nCommenced 13 July 2005 (Gaz G28, 13 July 2005, p 3)\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005) and Gaz G30, 26 July 2006, p 3)\nAntisocial Behaviour (Miscellaneous Amendments) Act 2006 (Act No. 2, 2006)\nAssent date 8 March 2006\nCommenced 14 June 2006 (Gaz G24, 14 June 2006, p 3)\nJustice Legislation Amendment Act 2006 (Act No. 13, 2006)\nAssent date 18 May 2006\nCommenced 1 July 2006 (s 3(2))\nJustice Legislation Amendment (Group Criminal Activities) Act 2006 (Act No. 36, 2006)\nAssent date 3 November 2006\nCommenced 20 December 2006 (Gaz G51, 20 December 2006, p 2)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nDomestic and Family Violence Act 2007 (Act No. 34, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz G25, 25 June 2008, p 4)\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nSentencing Amendment (Violent Offences) Act 2008 (Act No. 30, 2008)\nAssent date 21 November 2008\nCommenced 10 December 2008 (Gaz S63, 10 December 2008)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nJustice Legislation Amendment Act 2010 (Act No. 24, 2010)\nAssent date 30 June 2010\nCommenced 21 July 2010 (Gaz G29, 21 July 2010, p 5)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nCriminal Code Amendment (Criminal Damage) Act 2011 (Act No. 5, 2011)\nAssent date 16 March 2011\nCommenced 1 June 2011 (Gaz S19, 4 May 2011)\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\n\nSentencing Act 1995 115\nAlcohol Reform (Substance Misuse Assessment and Referral for Treatment Court)\nAct 2011 (Act No. 19, 2011)\nAssent date 20 May 2011\nCommenced 1 July 2011 (Gaz G23, 8 June 2011, p 6)\nJustice (Corrections) and Other Legislation Amendment Act 2011 (Act No. 24, 2011)\nAssent date 31 August 2011\nCommenced ss 3, 9 to 11, 15 to 17, 19, 20, 24, 33, 42, schs 1 and 2, sch 4,\npt 1 and sch 5: 31 August 2011 (s 2); rem: 27 February 2012\n(Gaz S9, 21 February 2012)\nStatute Law Revision Act 2011 (Act No. 30, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nFines and Penalties (Recovery) and Other Legislation Amendment Act 2011 (Act\nNo. 43, 2011)\nAssent date 21 December 2011\nCommenced 1 March 2012 (Gaz S9, 21 February 2012)\nCriminal Code Amendment (Violent Act Causing Death) Act 2012 (Act No. 25, 2012)\nAssent date 6 December 2012\nCommenced 21 December 2012 (Gaz S75, 17 December 2012)\nSentencing Amendment (Mandatory Minimum Sentences) Act 2013 (Act No. 1, 2013)\nAssent date 13 March 2013\nCommenced 1 May 2013 (s 2, s 2 Criminal Code Amendment (Assaults on\nWorkers) Act 2013 (Act No. 3, 2013) and Gaz S16,\n22 April 2013)\nAlcohol Mandatory Treatment Act 2013 (Act No. 17, 2013)\nAssent date 28 June 2013\nCommenced 1 July 2013 (s 2)\nSentencing Amendment Act 2013 (Act No. 21, 2013)\nAssent date 12 July 2013\nCommenced 12 July 2013\nCriminal Code Amendment (Identity Crime) Act 2014 (Act No. 9, 2014)\nAssent date 16 April 2014\nCommenced 1 July 2014 (Gaz S52, 1 July 2014)\nJustice and Other Legislation Amendment Act 2014 (Act No. 11, 2014)\nAssent date 16 April 2014\nCommenced 1 July 2014 (Gaz S54, 1 July 2014)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nJustice Legislation Amendment (Summary Procedure) Act 2015 (Act No. 20, 2015)\nAssent date 6 July 2015\nCommenced 21 September 2015 (Gaz S92, 16 September 2015)\n\nSentencing Act 1995 116\nSentencing Legislation Amendment Act 2015 (Act No. 22, 2015)\nAssent date 6 July 2015\nCommenced 29 July 2015 (Gaz G30, 29 July 2015, p 1)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nJustice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016)\nAssent date 8 June 2016\nCommenced s 17 (to ext ins new s 15): 10 October 2016;\nrem: 18 July 2016 (Gaz S67, 18 July 2016)\nBail Amendment Act 2017 (Act No. 5, 2017)\nAssent date 17 March 2017\nCommenced 20 March 2017 (Gaz S11, 20 March 2017)\nParole Amendment Act 2017 (Act No. 17, 2017)\nAssent date 30 August 2017\nCommenced 13 September 2017 (Gaz G37, 13 September 2017, p 6)\nYouth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)\nAssent date 30 October 2017\nCommenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nInterpretation Legislation Amendment Act 2018 (Act No. 22, 2018)\nAssent date 8 November 2018\nCommenced pt 2 and ss 19, 20 and 25 to 27: 11 February 2019 (Gaz S11,\n18 February 2019); rem: 11 December 2018 (Gaz S101,\n11 December 2018)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\nEvidence and Other Legislation Amendment Act 2020 (Act No. 3, 2020)\nAssent date 9 March 2020\nCommenced 29 July 2020 (Gaz G28, 15 July 2020, p 1)\nJustice Legislation Amendment (Domestic and Family Violence) Act 2020 (Act No. 18,\n2020)\nAssent date 1 July 2020\nCommenced 29 July 2020 (Gaz G29, 22 July 2020, p 1)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nCriminal Justice Legislation Amendment Act 2022 (Act No. 20, 2022)\nAssent date 12 September 2022\nCommenced 1 November 2022 (Gaz G42, 26 October 2022, p 1)\n\nSentencing Act 1995 117\nCriminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022)\nAssent date 31 October 2022\nCommenced 30 April 2023 (Gaz G8, 13 April 2023, p 1)\nSentencing and Other Legislation Amendment Act 2022 (Act No. 28, 2022)\nAssent date 9 December 2022\nCommenced 25 March 2024 (Gaz S19, 22 March 2024)\nAmending Legislation\nJustice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act\nNo. 33, 2023)\nAssent date 6 December 2023\nCommenced 25 March 2024 (Gaz S18, 22 March 2024)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and\nOther Legislation Amendment Act 2022 (Act No. 28,\n2022) and Gaz S19, 22 March 2024);\npt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice\nLegislation Amendment (Sexual Offences) Act 2023\n(Act No. 20, 2023) and Gaz S20, 22 March 2024);\nStatute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\nSentencing Legislation Amendment Act 2023 (Act No. 11, 2023)\nAssent date 26 May 2023\nCommenced 1 December 2023 (Gaz S81, 30 November 2023)\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\nJustice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act No. 33,\n2023)\nAssent date 6 December 2023\nCommenced 25 March 2024 (Gaz S18, 22 March 2024)\nAmending Legislation\nJustice and Other Legislation Amendment Act 2024 (Act No. 4 2024)\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and\nOther Legislation Amendment Act 2022 (Act No. 28,\n2022) and Gaz S19, 22 March 2024);\npt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice\nLegislation Amendment (Sexual Offences) Act 2023\n(Act No. 20, 2023) and Gaz S20, 22 March 2024);\n\nSentencing Act 1995 118\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pt 4: 1 July 2024 (s 2(2)), s 2 Health Care Decision Making\nAct 2023 (Act No. 19, 2023) and Gaz G13, 20 June 2024,\np 2); pts 9 and 10: 1 July 2024 (s 2(3)); pt 8: 19 March 2026 (s\n2(5)); rem: 25 May 2024 (s 2(1))\nCriminal Code Amendment Act 2024 (Act No. 18, 2024)\nAssent date 29 October 2024\nCommenced 30 October 2024 (s 2)\nSentencing Amendment Act 2024 (Act No. 20, 2024)\nAssent date 1 November 2024\nCommenced 2 November 2024 (s 2)\nAttorney-General Legislation Amendment Act 2025 (Act No. 14, 2025)\nAssent date 6 June 2025\nCommenced 1 August 2025 (Gaz G14, 10 July 2025, p 1)\nSentencing Amendment (Murder) Act 2026 (Act No. 5, 2026)\nAssent date 31 March 2026\nCommenced 1 April 2026 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 4 Sentencing Amendment Act (No. 2) 1998\ns 27 Sentencing Amendment Act (No. 2) 1999\npts 3 and 4 Sentencing of Juveniles (Miscellaneous Provisions) Act 2000\ns 11 Sentencing Amendment Act (No. 3) 2001\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 5, 15, 26, 39A, 39M,\n39N, 43, 48, 48A, 48K, 48L, 48M, 53A, 55, 63, 63A, 64, 78DH, 78H, 78K,\n78P, 80, 83, 94, 97AB, 108, 114, 115 and 130.\n\nSentencing Act 1995 119\n5 LIST OF AMENDMENTS\npt 1 hdg amd No. 30, 2011, s 3\ns 3 amd No. 65, 1996, s 3; No. 17, 1997, s 17; No. 14, 1998, s 4; No. 33, 1999,\ns 4; No. 55, 2001, s 4; No. 2, 2006, s 22; No. 36, 2006, s 4; No. 4, 2007, s 2;\nNo. 6, 2008, s 3; No. 30, 2008, s 4; No. 29, 2010, s 7; No. 5, 2011, s 8; No. 7,\n2011, s 140; No. 19, 2011, s 46; No. 24, 2011, s 33; No. 30, 2011, s 3;\nNo. 24, 2011, s 25; No. 1, 2013, s 4; No. 17, 2013, s 175; No. 9, 2014, s 10;\nNo. 27, 2014, s 39; No. 9, 2016, s 140; No. 19, 2017, s 39; No. 29, 2019,\ns 405; No. 26, 2020, s 3; No. 24, 2022, s 31; No. 11, 2023, s 4; No. 33, 2023,\ns 58; No. 28, 2022, s 4; No. 9, 2024, s 30; No. 14, 2025, s 26\ns 4 amd No. 2, 2006, s 23; No. 33, 2005, s 5; No. 19, 2011, s 46; No. 17, 2013,\ns 176\ns 5 amd No. 47, 1996, s 3; No. 33, 1999, s 5; No. 39, 2001, s 3; No. 55, 2001,\ns 10; No. 35, 2002, s 5; No. 36, 2006, s 5; No. 30, 2011, s 3; No. 24, 2011,\ns 26; No. 20, 2015, s 10; No. 9, 2016, s 140; No. 5, 2017, s 12; No. 29, 2019,\ns 406; No. 26, 2020, s 3; No. 28, 2022, s 5\ns 6 amd No. 30, 2011, s 3\ns 6A ins No. 36, 2006, s 6\namd No. 20, 2022, s 7; No. 33, 2023, s 59\ns 7 amd No. 24, 2011, s 27; No. 28, 2022, s 6\ns 8 amd No. 30, 2011, s 3\npt 3\ndiv 2 hdg amd No. 28, 2022, s 7\npt 3\nsdiv 1 hdg om No. 28, 2022, s 8\ns 9 amd No. 30, 2011, s 3\npt 3\nsdiv 2 hdg om No. 28, 2022, s 8\ns 11 amd No. 20, 2005, s 49; No. 30, 2011, s 3\nrep No. 28, 2022, s 9\npt 3\nsdiv 3 hdg om No. 28, 2022, s 10\ns 13 amd No. 20, 2005, s 50; No. 30, 2011, s 3\npt 3\nsdiv 4 hdg rep No. 28, 2022, s 11\ns 14 amd No. 30, 2011, s 3; No. 9, 2016, s 140\ns 15 amd No. 65, 1996, s 4; No. 33, 1999, s 6; No. 66, 2001, s 3; No. 20, 2005,\ns 51; No. 30, 2011, s 3; No. 9, 2016, s 140\ns 16 amd No. 13, 2006, s 67\nsub No. 22, 2018, s 29\ns 17 amd No. 60, 2001, s 13; No. 30, 2011, s 3\ns 19 sub No. 60, 2001, s 13\nss 20 – 23 rep No. 60, 2001, s 13\ns 24 amd No. 4, 2007, s 7; No. 30, 2011, s 3\ns 25 rep No. 60, 2001, s 13\ns 26 sub No. 60, 2001, s 13\n\nSentencing Act 1995 120\nss 27 – 28 amd No. 55, 2001, s 10\nins No. 22, 2018, s 30\ns 29 amd No. 33, 1999, s 7; No. 55, 2001, s 10\nins No. 22, 2018, s 30\npt 3\ndiv 4 hdg amd No. 55, 2001, s 10\nss 30 – 31 amd No. 55, 2001, s 10\nins No. 28, 2022, s 12\nss 32 – 33 rep No. 60, 2001, s 13\nins No. 28, 2022, s 12\ns 33A ins No. 55, 2001, s 5\ns 34 amd No. 55, 2001, s 10; No. 20, 2005, s 52; No. 30, 2011, s 3; No. 27, 2014,\ns 39\ns 35 amd No. 33, 1999, s 8; No. 55, 2001, s 10; No. 30, 2011, s 3; No. 27, 2014,\ns 39\ns 36 amd No. 55, 2001, s 10; No. 30, 2011, s 3\nss 37 – 38 amd No. 55, 2001, s 10; No. 30, 2011, s 3; No. 27, 2014, s 39\ns 39 amd No. 65, 1996, s 5; No. 55, 2001, s 10; No. 24, 2011, s 33; No. 30, 2011,\ns 3; No. 27, 2014, s 39; No. 9, 2016, s 140\npt 3\ndiv 4A hdg ins No. 24, 2011, s 28\nss 39A – 39B ins No. 24, 2011, s 28\ns 39C ins No. 24, 2011, s 28\ns 39D ins No. 24, 2011, s 28\nss 39E – 39G ins No. 24, 2011, s 28\ns 39H ins No. 24, 2011, s 28\nss 39J – 39L ins No. 24, 2011, s 28\ns 39M ins No. 24, 2011, s 28\nss 39N – 39P ins No. 24, 2011, s 28\ns 39Q ins No. 24, 2011, s 28\ns 39R ins No. 24, 2011, s 28\n\nSentencing Act 1995 121\ns 40 amd No. 33, 1999, s 9; No. 30, 2011, s 3; No. 28, 2022, s 13\ns 42 amd No. 33, 1999, s 10; No. 30, 2011, s 3; No. 9, 2016, s 140; No. 28, 2022,\ns 14\ns 43 sub No. 65, 1996, s 6\namd No. 33, 1999, s 11; No. 66, 2001, s 4; No. 20, 2005, s 53; No. 30, 2011,\ns 3; No. 9, 2016, s 140\npt 3\ndiv 5\nsdiv 2 hdg sub No. 28, 2022, s 15\ns 44 amd No. 20, 2005, s 54; No. 30, 2011, s 3; No. 24, 2011, s 33; No. 27, 2014,\ns 39; No. 29, 2019, s 407\ns 45 amd No. 33, 1999, s 12; No. 30, 2011, s 3; No. 27, 2014, s 39\ns 46 amd No. 30, 2011, s 3\nsub No. 28, 2022, s 15 as amd by No. 4, 2024, s 10\ns 47 amd No. 30, 2011, s 3; No. 27, 2014, s 39\ns 48 sub No. 65, 1996, s 7\namd No. 33, 1999, s 13; No. 30, 2011, s 3; No. 24, 2011, s 33; No. 27, 2014,\ns 39; No. 9, 2016, s 140; No. 14, 2025, s 27\npt 3\ndiv 5\nsdiv 2A hdg ins No. 24, 2011, s 29\nss 48A – 48B ins No. 24, 2011, s 29\ns 48C ins No. 24, 2011, s 29\ns 48D ins No. 24, 2011, s 29\ns 48E ins No. 24, 2011, s 29\ns 48F ins No. 24, 2011, s 29\nss 48G – 48J ins No. 24, 2011, s 29\ns 48K ins No. 24, 2011, s 29\nss 48L – 48M ins No. 24, 2011, s 29\ns 48N ins No. 24, 2011, s 29\ns 48P ins No. 24, 2011, s 29\ns 48Q ins No. 24, 2011, s 29\ns 50 amd No. 30, 2011, s 3\ns 51 amd No. 14, 1998, s 5; No. 55, 2001, s 10; No. 30, 2011, s 3\n\nSentencing Act 1995 122\ns 52 amd No. 14, 1998, s 6; No. 33, 1999, s 14; No. 55, 2001, s 10; No. 30, 2011,\ns 3\nsub No. 33, 2023, s 60\ns 53 amd No. 14, 1998, s 7; No. 38, 2001, s 4; No. 55, 2001, s 10; No. 3, 2004,\ns 6; No. 30, 2011, s 3; No. 22, 2015, s 4; No. 28, 2022, s 16; No. 14, 2025,\ns 28\ns 53AA ins No. 14, 2025, s 29\ns 53A ins No. 3, 2004, s 7\namd No. 27, 2014, s 39; No. 9, 2016, s 140; No. 5, 2026, s 4\ns 54 amd No. 14, 1998, s 8; No. 55, 2001, s 10; No. 30, 2011, s 3; No. 1, 2013, s 5\nsub No. 28, 2022, s 17\nrep No. 14, 2025, s 30\ns 55 amd No. 30, 2011, s 3\nsub No. 17, 2016, s 45\namd No. 28, 2022, s 18\ns 55A ins No. 38, 2001, s 5\namd No. 1, 2004, s 16; No. 30, 2011, s 3; No. 28, 2022, s 19; No. 14 2025,\ns 31\ns 56 amd No. 3, 2004, s 8; No. 27, 2014, s 39; No. 9, 2016, s 140; No. 19, 2017,\ns 39\ns 57 amd No. 38, 2001, s 6; No. 3, 2004, s 9; No. 30, 2011, s 3; No. 22, 2015, s 5;\nNo. 28, 2022, s 20; No. 14, 2025, s 32\ns 58 amd No. 14, 1998, s 9\nexp No. 39, 1995, s 58(5) and (6)\ns 59 amd No. 30, 2011, s 3; No. 22, 2015, s 6\ns 60 amd No. 30, 2011, s 3\ns 60A ins No. 27, 2014, s 36\ns 61 amd No. 30, 2011, s 3\npt 3\ndiv 6 hdg ins No. 65, 1996, s 8\namd No. 14, 1998, s 12\ns 63 amd No. 11, 1999, s 4; No. 30, 2011, s 3; No. 27, 2014, s 37; No. 10, 2018,\ns 6; No. 28, 2022, s 21\ns 63A ins No. 27, 2014, s 38\ns 64 amd No. 30, 2011, s 3\nsub No. 11, 2014, s 8\namd No. 27, 2014, s 39; No. 17, 2017, s 15; No. 28, 2022, s 22\ns 65 amd No. 33, 1999, s 15; No. 1, 2004, s 17; No. 30, 2011, s 3; No. 27, 2014,\ns 39; No. 9, 2016, s 140; No. 4, 2024, s 75\ns 66 amd No. 30, 2011, s 3\nss 68 – 69 amd No. 30, 2011, s 3\nss 71 – 76 amd No. 30, 2011, s 3\ns 78 amd No. 30, 2011, s 3\npt 3\ndiv 6\nsdiv 1 hdg ins No. 65, 1996, s. 8\nom No. 14, 1998, s 13\ns 78AA ins No. 24, 2022, s 32\namd No. 18, 2024, s 18\ns 78A ins No. 65, 1996, s8\namd No. 14, 1998, s 10; No. 33, 1999, s 16; No. 17, 2000, s 5\ns 78B ins No. 65, 1996, s 8\namd No. 14, 1998, s 11\namd No. 30, 2011, s 3; No. 28, 2022, s 23\n\nSentencing Act 1995 123\npt 3\ndiv 6A hdg ins No. 33, 1999, s 17\nsub No. 1, 2013, s 6; No. 28, 2022, s 24\namd No. 20, 2024, s 4\npt 3\nsdiv 1 hdg ins No. 1, 2013, s 6\ns 78BA ins No. 33, 1999, s 17\nsub No. 30, 2008, s 5\nrep No. 1, 2013, s 6\ns 78C ins No. 1, 2013, s 6\ns 78CA ins No. 1, 2013, s 6\namd No. 18, 2020, s 16\ns 78CB ins No. 28, 2022, s 24\npt 3\nsdiv 2 hdg ins No. 1, 2013, s 6\namd No. 20, 2024, s 5\ns 78D ins No. 1, 2013, s 6\namd No. 21, 2013, s 3\nss 78DAA –\n78DAB ins No. 20, 2024, s 6\ns 78DA ins No. 1, 2013, s 6\namd No. 21, 2013, s 4\namd No. 20, 2024, s 7\ns 78DBA ins No. 20, 2024, s 8\ns 78DB ins No. 1, 2013, s 6\ns 78DC ins No. 1, 2013, s 6\namd No. 21, 2013, s 5\ns 78DD ins No. 1, 2013, s 6\namd No. 21, 2013, s 6\ns 78DE ins No. 1, 2013, s 6\ns 78DF ins No. 1, 2013, s 6\namd No. 21, 2013, s 7\nss 78DG –\n78DH ins No. 1, 2013, s 6\ns 78DI ins No. 1, 2013, s 6\namd No. 18, 2020, s 17\npt 3\nsdiv 3 hdg ins No. 1, 2013, s 6\ns 78E ins No. 1, 2013, s 6\n\nSentencing Act 1995 124\ns 78EA ins No. 1, 2013, s 6\namd No. 21, 2013, s 8\npt 3\ndiv 6B hdg ins No. 33, 1999, s 17\ns 78BB ins No. 33, 1999, s 17\ns 78F renum No. 1, 2013, s 7\npt 3\ndiv 7 hdg ins No. 65, 1996, s 8\namd No. 14, 1998, s 14\ns 78C ins No. 65, 1996, s 8\namd No. 14, 1998, s 15\ns 78D ins No. 65, 1996, s 8\namd No. 14, 1998, s 16\ns 78E ins No. 65, 1996, s 8\namd No. 14, 1998, s 17\ns 78F ins No. 65, 1996, s 8\namd No. 14, 1998, s 18\ns 78G ins No. 65, 1996, s 8\namd No. 14, 1998, s 19\npt 3\ndiv 8 hdg ins No. 91, 1998, s 3\ns 78H ins No. 91, 1998, s 3\namd No. 33, 1999, s 18; No. 34, 2007, s 146; No. 30, 2011, s 3\ns 78J ins No. 91, 1998, s 3\ns 78K ins No. 91, 1998, s 3\namd No. 4, 2007, s 2; No. 34, 2007, s 146; No. 27, 2014, s 39; No. 9, 2016,\ns 140\nss 78L – 78M ins No. 91, 1998, s 3\namd No. 30, 2011, s 3; No. 27, 2014, s 39\ns 78N ins No. 91, 1998, s 3\namd No. 34, 2007, s 146; No. 12, 2010, s 3; No. 30, 2011, s 3; No. 9, 2016,\ns 140\npt 4 hdg sub No. 11, 1999, s 3\ns 78P amd No. 33, 1999, s 19; No. 55, 2001, s 10\ns 79 amd No. 17, 1997, s 17\namd No. 29, 2010, s 7; No. 30, 2011, s 3\ns 80 amd No. 17, 1997, s 17; No. 14, 1998, s 20\namd No. 30, 2011, s 3; No. 27, 2014, s 39\ns 81 amd No. 17, 1997, s 17\ns 82 sub No. 11, 1999, s 3\n\nSentencing Act 1995 125\ns 83 – 84 amd No. 17, 1997, s 17\ns 85 sub No. 11, 1999, s 3\namd No. 30, 2011, s 3; No. 9, 2016, s 140\ns 86 sub No. 11, 1999, s 3\nss 88 – 89 amd No. 30, 2011, s 3\ns 90 amd No. 30, 2011, s 3; No. 11, 2014, s 9\ns 92 amd No. 30, 2011, s 3; No. 43, 2011, s 35\ns 93 amd No. 30, 2011, s 3\ns 94 amd No. 43, 2011, s 36\ns 95 rep No. 43, 2011, s 37\ns 96 amd No. 30, 2011, s 3\nrep No. 43, 2011, s 37\ns 97 amd No. 30, 2011, s 3\npt 5\ndiv 1AA hdg ins No. 9, 2014, s 11\ns 97AA ins No. 9, 2014, s 11\ns 97AB ins No. 9, 2014, s 11\ns 97AC ins No. 9, 2014, s 11\npt 5\ndiv 1A hdg ins No. 36, 2006, s 7\ns 97A ins No. 36, 2006, s 7\namd No. 28, 2022, s 26\nss 97B – 97H ins No. 36, 2006, s 7\ns 99 amd No. 4, 2007, s 7; No. 12, 2010, s 3; No. 30, 2011, s 3\ns 99A ins No. 33, 1999, s 20\namd No. 29, 2019, s 408\npt 6\ndiv 1 hdg sub No. 20, 2005, s 55\nss 101 – 102 amd No. 30, 2011, s 3\ns 102A ins No. 20, 2005, s 56\namd No. 24, 2011, ss 30 and 33; No. 28, 2022, s 27\npt 6\nsdiv 1 hdg ins No. 47, 1996, s 4\ns 103 amd No. 30, 2011, s 3; No. 27, 2014, s 39; No. 19, 2017, s 39\ns 104 amd No. 30, 2011, s 3\ns 104A ins No. 1, 2005, s 4\nsub No. 11, 2014, s 10\npt 6\nsdiv 2 hdg ins No. 47, 1996, s 5\ns 106A ins No. 47, 1996, s 5\namd No. 39, 2001, s 4; No. 30, 2011, s 3\ns 106B ins No. 47, 1996, s 5\namd No. 33, 1999, s 21; No. 55, 2001, s 8; No. 30, 2011, s 3; No. 33, 2023,\ns 61\npt 6\ndiv 3 hdg sub No. 11, 2014, s 11\ns 107 amd No. 30, 2011, s 3; No. 11, 2014, s 12; No. 9, 2016, s 140\npt 6\ndiv 3A hdg ins No. 11, 2023, s 5\ns 107A ins No. 11, 2023, s 5\namd No. 9, 2024, s 31\ns 107B ins No. 11, 2023, s 5\namd No. 9, 2024, s 32\n\nSentencing Act 1995 126\ns 107C ins No. 11, 2023, s 5\nsub No. 9, 2024, s 33\ns 107D ins No. 11, 2023, s 5\ns 107E ins No. 11, 2023, s 5\namd No. 9, 2024, s 34\ns 107F ins No. 11, 2023, s 5\ns 108 amd No. 30, 2011, s 3; No. 27, 2014, s 39; No. 22, 2015, s 7; No. 19, 2017,\ns 39; No. 11, 2023, s 6\ns 108A ins No. 20, 2015, s 11\ns 109 amd No. 30, 2011, s 3\nrep No. 9, 2016, s 137\ns 111 amd No. 30, 2011, s 3; No. 9, 2016, s 140\ns 112 amd No. 30, 2011, s 3\ns 114 amd No. 30, 2011, s 3; No. 27, 2014, s 39; No. 9, 2016, s 140\ns 115 amd No. 66, 2001, s 5; No. 30, 2011, s 3; No. 27, 2014, s 39; No. 9, 2016,\ns 140; No. 10, 2023, s 5\ns 116 amd No. 30, 2011, s 3; No. 27, 2014, s 39\npt 11 hdg amd No. 30, 2011, s 3\ns 117 amd No. 30, 2011, s 3; No. 3, 2020, s 26\ns 118 amd No. 4, 1999, s 3\nrep No. 13, 2006, s 68\ns 119 rep No. 13, 2006, s 68\ns 122 amd No. 4, 1999, s 4; No. 30, 2011, s 3\nsub No. 9, 2016, s 138\ns 123 amd No. 30, 2011, s 3\ns 123A ins No. 20, 2015, s 12\ns 125 rep No. 9, 2016, s 139\ns 127 amd No. 30, 2011, s 3\nrep No. 24, 2011, s 31\ns 128 amd No. 30, 2011, s 3; No. 9, 2016, s 140\npt 12 hdg ins No. 1, 2005, s 5\nsub No. 30, 2011, s 3\ndiv 1 hdg ins No. 30, 2011, s 3\ns 129 amd No. 65, 1996, s 9; No. 33, 1999, s 22\ndiv 2 hdg ins No. 30, 2011, s 3\ns 130 amd No. 33, 1999, s 23\npt 13 hdg ins No. 1, 2005, s 6\ns 131 ins No. 1, 2005, s 6\ndiv 4 hdg ins No. 5, 2011, s 8\ns 132 ins No. 5, 2011, s 8\ndiv 5 hdg ins No. 24, 2011, s 32\ns 133 ins No. 24, 2011, s 32\ndiv 6 hdg ins No. 11, 2014, s 13\nss 134 – 136 ins No. 11, 2014, s 13\ndiv 7 hdg ins No. 22, 2015, s 8\ns 137 ins No. 22, 2015, s 8\ndiv 8 hdg ins No. 20, 2015, s 13\nss 138 – 140 ins No. 20, 2015, s 13\n\nSentencing Act 1995 127\ndiv 9 hdg ins No. 24, 2022, s 34\ns 141 ins No. 24, 2022, s 34\ndiv 10 hdg ins No. 28, 2022, s 28\nss 142 – 148 ins No. 28, 2022, s 28 as amd by No. 4, 2024, s 11\ndiv 11 hdg ins No. 11, 2023, s 7\ns 149 ins No. 11, 2023, s 7\ndiv 13 hdg ins No. 33, 2023, s 62\nss 151 – 153 ins No. 33, 2023, s 62 as amd by No. 4, 2024, s 8\ndiv 14 hdg ins No. 9, 2024, s 35\nss 154 – 156 ins No. 9, 2024, s 35\ndiv 15 hdg ins No. 20, 2024, s 9\ns 157 ins No. 20, 2024, s 9\ndiv 16 hdg ins No 5, 2026, s 5\ns 158 ins No 5, 2026, s 5\nsch 1 ins No. 65, 1996, s 10\namd No. 14, 1998, s 21; No. 33, 1999, s 24\nrep No. 55, 2001, s 9\nsch 2 ins No. 33, 1999, s 25\namd No. 4, 2007, s 2; No. 24, 2010, s 18; No. 25, 2012, s 6\nsub No. 1, 2013, s 8\namd No. 9, 2016, s 140; No. 24, 2022, s 33; No. 4, 2024, s 76\nsch 3 ins No. 33, 1999, s 25\namd No. 1, 2004, s 18\nsch 4 amd No. 65, 1996, s 11\nrenum No. 33, 1999, s 26","sortOrder":193}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":10,"completionTokens":3787},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally enacted to consolidate sentencing law, the Act has grown into a comprehensive criminal justice framework. It now regulates mental health dispositions (Part 4), mandatory imprisonment regimes (Division 6A), indefinite detention for violent offenders (Subdivision 4), Aboriginal community court processes (Division 3A), identity crime victim certificates (Division 1AA), non-association orders (Division 1A), and detailed domestic violence sentencing guidelines. The extensive transitional provisions (16 Divisions in Part 12) demonstrate continuous scope expansion through decades of amendments."},"complexity_factors":["Over 150 sections plus schedules, with layered Part/Division/Subdivision structure","Approximately 40+ defined terms in section 3, many of which point to definitions in other Acts (Criminal Code, Correctional Services Act, Domestic and Family Violence Act)","Six distinct sentencing hierarchies (dismissal, fine, CCO, ICCO, suspended sentence, imprisonment, indefinite sentence) each with unique conditions, duration limits, and breach consequences","Mandatory minimum sentencing provisions containing nested 'exceptional circumstances' exemptions and separate youth offender rules (Division 6A)","Multiple non-parole period formulas: 50% standard, 70% minimum for certain sexual offences, 20/25 year standard for murder, plus complex rules for aggregate and cumulative sentences","16 separate transitional Divisions in Part 12 governing amendments from 1995–2026, creating parallel application rules depending on when an offence was committed or when sentencing submissions began","Extensive cross-referencing to at least six other major statutes including the Criminal Code, Correctional Services Act, Parole Act, and Mental Health and Related Services Act","Specialist procedures including indefinite sentences for violent offenders with periodic review, mental health orders with detention limits, and Aboriginal community court sentencing with custom reports"],"plain_english_summary":"# What this law is\n\nThe **Sentencing Act 1995** is the Northern Territory’s main rulebook for how adult courts punish people found guilty of crimes. It applies to the Supreme Court and Local Court, but **not** the Youth Justice Court.\n\n# What it does\n\nThe law creates a ladder of sentencing options, from least to most severe:\n\n- **Dismissal or discharge** – the charge is dismissed or the offender is released, sometimes without a criminal conviction being recorded.\n- **Fines** – a court can order payment of money, taking into account the offender’s ability to pay.\n- **Community Correction Orders (CCOs)** – the offender stays in the community but must follow conditions (for example, not committing further offences, being of good behaviour, or doing unpaid work). These can last up to two years.\n- **Intensive Community Correction Orders (ICCOs)** – a stricter community sentence that can include home detention and closer monitoring by probation officers.\n- **Suspended prison sentences** – a term of imprisonment (up to five years) that is held over the offender’s head; if they stay out of trouble and meet any conditions, they never go to prison.\n- **Imprisonment** – actual time in jail. Courts must often set a *non-parole period* (the minimum time before the offender can apply for early release on parole).\n- **Indefinite sentences** – for some violent offenders, the Supreme Court can imprison a person indefinitely until it is satisfied they are no longer a serious danger to the community.\n\n# Special protections and mandatory rules\n\nThe law includes specific rules for serious crimes:\n- **Murder**: standard non-parole periods of 20 or 25 years apply.\n- **Sexual offences**: minimum non-parole periods of 70% of the sentence apply to certain offences, especially against children.\n- **Domestic violence**: courts must consider the risk of future violence and can impose rehabilitation conditions.\n- **Mandatory sentencing**: certain violent assaults and property offences carry mandatory minimum terms of actual imprisonment unless there are \"exceptional circumstances.\"\n- **Mental health**: offenders who are mentally ill or disturbed may be sent to an approved treatment facility instead of prison.\n\n# Victims and community safety\n\nThe law allows courts to:\n- Order offenders to pay **restitution or compensation** to victims for injury, lost property, or damage.\n- Issue **identity crime certificates** to help victims repair their personal or business affairs.\n- Make **non-association and place restriction orders** to stop offenders contacting certain people or visiting certain places for up to 12 months.\n\n# Aboriginal community court process\n\nAboriginal offenders in the Local Court can ask to be sentenced under a special **community court sentencing procedure**. A local *Law and Justice Group* prepares an *Aboriginal experience report* to help the court understand the offender’s background, family, cultural connection, and the impact on the community.\n\n# Why this matters\n\nThis law affects how thousands of offences are punished each year. It balances punishment and rehabilitation, sets out when someone must go to jail versus when they can serve their sentence in the community, and creates special safeguards for victims of domestic violence, sexual assault, and identity crime."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"The Act started as a consolidation of existing sentencing laws, but has been significantly expanded by amendments. Notably, it introduced mandatory minimum sentences for violent and property offences, added new community orders (community correction orders and intensive community correction orders) to replace older ones, increased non-parole periods for murder and sexual offences, created special procedures for Aboriginal offenders (community court sentencing procedure), and added many new ancillary orders (e.g., non-association, passport, forfeiture). The original focus on judicial discretion has been substantially limited by mandatory sentencing requirements and detailed prescriptive rules."},"complexity_factors":["Very long Act with over 100 sections and multiple parts","Numerous defined terms (over 40 in interpretation section)","Heavy cross-referencing to other Acts (Criminal Code, Correctional Services Act, Domestic and Family Violence Act, etc.)","Complex conditional logic for mandatory sentencing (multiple tiers based on weapon use, harm, prior convictions)","Nested exceptions within mandatory sentencing provisions (e.g., exceptional circumstances exemption, youth exceptions)","Multiple sentencing options with overlapping conditions and interaction rules","Detailed and lengthy transitional provisions for 16 amendment Acts preserving old rules","Schedules referencing offences from other Acts"],"plain_english_summary":"The Sentencing Act 1995 is the main law in the Northern Territory that sets out how courts sentence people who have been found guilty of criminal offences. It applies to all NT courts except the Youth Justice Court. The law lists the purposes of sentencing—just punishment, rehabilitation, deterrence, community denunciation, and community protection—and requires courts to consider factors like the seriousness of the offence, the offender's character, any harm caused, and whether they pleaded guilty. It gives courts many sentencing options, including: dismissing the charge without a conviction; releasing the offender with or without a conviction; fining the offender (with rules on how fines are paid and enforced); making a community correction order (up to 2 years with conditions like curfews or community work); suspending a prison sentence (up to 5 years) with conditions; making an intensive community correction order (where the offender serves their prison term in the community with strict supervision, including GPS monitoring and home detention); and imprisonment. There are special rules for serious offences: mandatory minimum prison terms for some violent crimes (e.g., assaulting a police officer or worker causing harm), higher minimum non-parole periods for murder (20 years, or 25 years in some cases) and for sexual offences against children, and indefinite sentences for dangerous violent offenders. The law also covers mental health orders, victim impact statements, compensation and restitution, non-association and place restriction orders, passport orders, forfeiture of property used in crime, and a community court sentencing procedure for Aboriginal offenders that uses an Aboriginal Experience Report prepared by a local Law and Justice Group. Many amendments have added new sentences and mandatory requirements, making the law much more detailed than when it originally passed."}},"importantCases":[],"_links":{"self":"/api/acts/sentencing-act-1995","history":"/api/acts/sentencing-act-1995/history","analysis":"/api/acts/sentencing-act-1995/analysis","conflicts":"/api/acts/sentencing-act-1995/conflicts","importantCases":"/api/acts/sentencing-act-1995/important-cases","documents":"/api/acts/sentencing-act-1995/documents"}}