{"id":"sentencing-regulations-2018","name":"Sentencing Regulations 2018","slug":"sentencing-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237171,"registerId":"sa-sentencing-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sentencing Regulations 2018","content":"South Australia\nSentencing Regulations 2018\nunder the Sentencing Act 2017\n\nContents\n1\tShort title\n3\tInterpretation\n4\tPrescribed authority\n5\tProsecutor may file list of additional charges (section 32)\n6\tPrescribed modifications relating to sentencing discounts when ex officio information laid (section 40)\n7\tDealing with surrendered items\n8\tEnforcement of order for restitution of property (section 126)\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Sentencing Regulations 2018.\n3—Interpretation\nIn these regulations—\nAct means the Sentencing Act 2017.\n4—Prescribed authority\nFor the purposes of Part 3 Division 5 of the Act, the prescribed authority is the person for the time being performing the duties, or holding or acting in the position, of the Clinical Director, Forensic Mental Health Service South Australia.\n5—Prosecutor may file list of additional charges (section 32)\n\t(1)\tSubject to subregulation (2), a police prosecutor is a person of a prescribed class for the purposes of section 32(4)(b) of the Act.\n\t(2)\tA police prosecutor may only sign a list of additional charges if—\n\t(a)\tthe charges do not relate to a major indictable offence; and\n\t(b)\tthe charges will not affect the prosecution of any offence by the DPP.\n6—Prescribed modifications relating to sentencing discounts when ex officio information laid (section 40)\n\t(1)\tFor the purposes of section 40(7) of the Act, section 40 applies in relation to proceedings that have been instituted in a superior court by the DPP laying an information ex officio in accordance with section 103 of the Criminal Procedure Act 1921 with the following modifications:\nSection 40(3)—delete subsection (3) and substitute:\n\t(3)\tThis subsection applies to a court sentencing a defendant for an offence or offences in proceedings instituted in a superior court by the DPP laying an information ex officio in accordance with section 103 of the Criminal Procedure Act 1921—\n\t(a)\tif the relevant offence or offences have not been the subject of committal proceedings under Part 5 Division 3 of that Act—\n\t(i)\tthe sentencing court may reduce the sentence that it would otherwise have imposed by—\n\t(A)\tin the case of a serious indictable offence—up to 25%; or\n\t(B)\tin any other case—up to 35%,\nif the defendant pleads guilty to the relevant offence or offences during the period commencing immediately after the first date fixed for the arraignment of the defendant in the superior court in relation to the relevant offence or offences and ending not more than 4 weeks after that date; and\n\t(ii)\tthe sentencing court may reduce the sentence that it would otherwise have imposed by—\n\t(A)\tin the case of a serious indictable offence—up to 15%; or\n\t(B)\tin any other case—up to 25%,\nif the defendant pleads guilty to the relevant offence or offences more than 4 weeks after the first date fixed for the arraignment of the defendant in the superior court in relation to the relevant offence or offences but on or before the day of the commencement of the defendant's trial for the relevant offence or offences; and\n\t(b)\tif the relevant offence or offences have been the subject of committal proceedings under Part 5 Division 3 of that Act but the Magistrates Court has rejected the information under section 115(2)(a) of that Act, the sentencing court may reduce the sentence that it would otherwise have imposed by—\n\t(i)\tin the case of a serious indictable offence—up to 10%; or\n\t(ii)\tin any other case—up to 15%.\n\t(3a)\tIn acting under subsection (3), the sentencing court must take into account—\n\t(a)\twhen the defendant was provided with information, material or evidence by the prosecution in support of the relevant offence or offences charged (including the provision of a prosecution case statement that incorporates the relevant offence or offences); and\n\t(b)\tthe time reasonably required for the defence to consider the information, material or evidence provided by the prosecution in support of the relevant offence or offences; and\n\t(c)\tany other matter the court considers appropriate.\n\t(2)\tDespite subregulation (1), if, in proceedings referred to in that subregulation, the ex officio information also includes an offence or offences that were committed to the superior court for trial, the modifications prescribed under that subregulation do not apply to the sentencing of the defendant for that offence or those offences.\n7—Dealing with surrendered items\n\t(1)\tFor the purposes of sections 60(4), 92(4) and 101(3) of the Act, the Commissioner of Police must deal with a surrendered item in accordance with this regulation.\n\t(2)\tThe Commissioner of Police must retain a surrendered item in a location determined by the Commissioner of Police until—\n\t(a)\tthe surrendered item is forfeited to the Crown under the Act or any other Act; or\n\t(b)\tthe surrendered item is returned in accordance with this regulation to the person who surrendered it; or\n\t(c)\tthe surrendered item is seized or surrendered under the provisions of another Act,\nwhichever occurs first.\n\t(3)\tIf—\n\t(a)\tthe release of a person on licence that is subject to the condition under section 59(7) of the Act has been discharged or revoked; or\n\t(b)\ta home detention order in respect of a person that is subject to the condition under section 72(1)(e) of the Act is discharged or revoked; or\n\t(c)\tan intensive correction order in respect of a person that is subject to the condition under section 82(1)(e) of the Act is discharged or revoked; or\n\t(d)\ta bond in respect of which a person has entered that is subject to the condition under section 96(2)(a) of the Act is discharged or revoked,\nthe person may notify the Commissioner of Police of that fact.\n\t(4)\tIf the condition referred to in paragraph (a), (b), (c) or (d) of subregulation (3) to which a person is subject is revoked, the person may notify the Commissioner of Police of that fact.\n\t(5)\tSubject to this regulation, if the Commissioner of Police is notified under subregulation (3) or (4), or otherwise becomes aware, that—\n\t(a)\tthe person is no longer subject to the condition referred to in paragraph (a), (b), (c) or (d) of subregulation (3) (as the case may be); or\n\t(b)\tthe person's release on licence or bond has been discharged or revoked, or the home detention order or intensive correction order to which the person was subject has been discharged or revoked,\nthe Commissioner of Police must cause the surrendered item to be returned to the person who surrendered the item.\n\t(6)\tIf the Commissioner of Police is required to return a surrendered item under subregulation (5), the Commissioner of Police must give notice in writing to the person who surrendered the item setting out—\n\t(a)\tthat the surrendered item specified in the notice is to be returned to the person; and\n\t(b)\tthe location at which the surrendered item may be collected; and\n\t(c)\tthat the surrendered item must be collected from the specified location within 3 months of the date specified in the notice (or such longer time as may be specified by the Commissioner of Police); and\n\t(d)\tthat the surrendered item will only be returned if the person holds any necessary authorisation under the Firearms Act 2015 or any other Act to possess the surrendered item; and\n\t(e)\tthe effect of subregulations (7) and (8).\n\t(7)\tHowever, the Commissioner of Police may refuse to return a surrendered item to a person if—\n\t(a)\tthe person is on conditional release that is subject to a condition prohibiting the person from possessing a firearm, ammunition or part of a firearm; or\n\t(b)\tthe person does not hold the necessary authorisation under the Firearms Act 2015 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item,\nand, if the Commissioner of Police does so refuse, the Commissioner of Police must give notice in writing to the person who surrendered the surrendered item setting out—\n\t(c)\tthe reasons for the refusal; and\n\t(d)\tin the case of a refusal contemplated by paragraph (a)—the effect of subregulation (9).\n\t(8)\tIf—\n\t(a)\ta surrendered item is not collected within the period specified in subregulation (6)(c); or\n\t(b)\tthe person does not, at the end of the period specified in subregulation (6)(c), hold the necessary authorisation under the Firearms Act 2015, or any other Act, to possess the surrendered item or is otherwise prohibited from possessing the surrendered item,\nthe surrendered item is, by force of this subregulation, forfeited to the Crown.\n\t(9)\tIf the Commissioner of Police refuses to return a surrendered item to a person under subregulation (7)(a)—\n\t(a)\tthe surrendered item will be taken to have been surrendered pursuant to a direction under the provision of the Act under which the conditional release was granted (corresponding to section 60(1), 92(2) or 101(1) of the Act); and\n\t(b)\tthe surrendered item must be dealt with in accordance with that Act.\n\t(10)\tThe Commissioner of Police may recover from the person who surrendered the surrendered item the reasonable costs incurred in connection with the storage of the surrendered item.\n\t(11)\tThis regulation is in addition to, and does not derogate from, the operation of any other Act or law.\n\t(12)\tNo compensation is payable by the Crown in respect of the forfeiture of a surrendered item under this regulation.\n\t(13)\tA notice required to be given to a person under this regulation may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person—\n\t(i)\tat the person's last known address; or\n\t(ii)\tat the person's address for service; or\n\t(c)\tbe left for the person at the person's last known address or address for service with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by fax or email to a fax number or email address provided by the person.\n\t(14)\tIn this regulation—\nconditional release means—\n\t(a)\ta grant of bail under the Bail Act 1985; or\n\t(b)\ta bond under the Act, the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or\n\t(c)\trelease on home detention under the Act or the Criminal Law (Sentencing) Act 1988; or\n\t(d)\trelease on an intensive correction order under the Act; or\n\t(e)\trelease on licence under the Act, the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or\n\t(f)\trelease from prison on home detention or parole under the Correctional Services Act 1982; or\n\t(g)\trelease on licence, on home detention or conditional release from detention, under the Young Offenders Act 1993;\nsurrendered item means a firearm, ammunition or any part of a firearm surrendered pursuant to a direction under section 60(1) or 96(2)(a) of the Act.\n8—Enforcement of order for restitution of property (section 126)\nThe prescribed fees for issuing, serving and executing an order under section 126(2)(b) of the Act are the sum of the following:\n\t(a)\tfor the time spent in locating the property to be valued—an amount per hour equal to the amount per hour prescribed under the Sheriff's Act 1978 in relation to the sheriff's attendance to execute an enforcement process;\n\t(b)\tfor valuing the property—the actual costs reasonably incurred in causing the property to be valued;\n\t(c)\tfor administrative work in issuing the order—an amount equal to the fee prescribed under the Sheriff's Act 1978 in relation to receiving and entering a summons, notice, order or other document for service;\n\t(d)\tfor serving the order—an amount equal to the fee prescribed under the Sheriff's Act 1978 in relation to execution of a warrant;\n\t(e)\tif travelling expenses are incurred in issuing and serving the order—an amount equal to the amount prescribed under the Sheriff's Act 1978 as an allowance for travelling expenses incurred in the service of a document or execution of a process.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Sentencing Regulations 2018 revoked the following:\nCriminal Law (Sentencing) Regulations 2014\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2018\n25\nGazette 6.2.2018 p644 \n30.4.2018: r 2\n2019\n18\nGazette 28.2.2019 p718\n28.2.2019: r 2\n2020\n122\nGazette 4.6.2020 p2951\n1.7.2020: r 2\n2020\n289\nGazette 29.10.2020 p4930\n2.11.2020: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n28.2.2019\nr 6\n\n\nr 6(1)\nvaried by 18/2019 r 4(1)—(3)\n28.2.2019\n\nvaried by 289/2020 r 4(1), (2)\n2.11.2020\nr 8\nvaried by 122/2020 r 4\n1.7.2020\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n28.2.2019\nHistorical versions\n28.2.2019\n\n1.7.2020\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for sentencing procedures, firearms surrender protocols, and fee structures. The amendments shown in the legislative history (2019, 2020) refine existing provisions rather than expanding into new substantive areas."},"complexity_factors":["Nested conditional logic in Regulation 6 with multiple tiers of discounts based on offence seriousness, timing of plea, and whether committal proceedings occurred","Extensive cross-referencing to the Sentencing Act 2017, Criminal Procedure Act 1921, Firearms Act 2015, Sheriff's Act 1978, and other legislation","Regulation 7 contains 14 subsections with multiple defined terms ('conditional release', 'surrendered item') and complex triggering conditions for return/forfeiture of firearms","Regulation 6(1) modifies primary legislation (section 40 of the Act) by substitution of entire subsections, creating a 'regulation as legislation' structure that requires readers to mentally integrate the modification with the parent Act","Multiple temporal conditions ('within 4 weeks', 'more than 4 weeks after', 'on or before the day of commencement') that create precise but intricate boundaries for sentencing discounts"],"plain_english_summary":"These regulations set out detailed operational rules for South Australia's sentencing system under the Sentencing Act 2017. They cover four main areas:\n\n**1. Who can make mental health assessments**\nThe Clinical Director of Forensic Mental Health Service South Australia is designated as the authority who can conduct mental health assessments for sentencing purposes.\n\n**2. Police prosecutors and additional charges**\nPolice prosecutors (not just the Director of Public Prosecutions) can file lists of additional charges against defendants, but only for less serious offences (not 'major indictable offences') and only if it won't interfere with the DPP's existing prosecutions.\n\n**3. Sentencing discounts for guilty pleas in special cases**\nWhen the DPP bypasses the usual committal process and lays charges directly in the Supreme or District Court (called 'ex officio' proceedings), special rules apply for sentencing discounts:\n- **Up to 25% off** for serious offences (or 35% for others) if pleading guilty within 4 weeks of the first court date\n- **Up to 15% off** for serious offences (or 25% for others) if pleading guilty after 4 weeks but before trial starts\n- **Up to 10% off** for serious offences (or 15% for others) if committal proceedings happened but were rejected by the Magistrates Court\n\nCourts must consider when the prosecution provided evidence and how much time the defence reasonably needed to review it.\n\n**4. Handling surrendered firearms**\nWhen offenders must surrender firearms as a condition of bail, home detention, intensive correction orders, or good behaviour bonds:\n- Police must store the firearms until the case ends or the order is revoked\n- Firearms must be returned when the person is no longer subject to the surrender condition (unless they're still prohibited from possessing firearms)\n- If not collected within 3 months, firearms are automatically forfeited to the Crown\n- Police can charge storage fees\n\n**5. Fees for enforcing property restitution orders**\nSets out how much the Sheriff can charge for locating, valuing, and recovering property that courts have ordered to be returned to victims."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available for analysis. No comparison between original intent and current provisions is possible from the content provided."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404-style 'Page Not Found' error","Unable to assess actual regulatory complexity without access to the instrument's provisions","Score of 1 reflects the absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation content for the **Sentencing Regulations 2018 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a broken or outdated URL following a website update in March 2026.\n\n### What we know about this instrument generally:\nThe *Sentencing Regulations 2018* are subordinate legislation (rules made under a parent Act — in this case, the *Sentencing Act 2017* (SA)) that provide the technical and procedural detail supporting how courts sentence offenders in South Australia. They would typically affect:\n- **People convicted of criminal offences** in South Australia\n- **Legal practitioners** (lawyers) working in criminal law\n- **Courts and corrections authorities** administering sentences\n\n### What to do:\nTo access the actual legislation, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for *Sentencing Regulations 2018*, or contact OPCWeb@sa.gov.au as suggested on the error page."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations prescribe procedural and administrative details to implement the Sentencing Act 2017 (who the prescribed authority is, prosecutor signing limits, sentencing-discount mechanics for DPP ex officio informations, handling of surrendered firearms, and fees for restitution enforcement). They do not themselves amend substantive sentencing principles but set conditions, percentages, timetables and administrative processes that affect how the Act operates in practice (regs 4–8)."},"complexity_factors":["Multiple cross-references to other statutes and instruments (Sentencing Act 2017; Criminal Procedure Act 1921; Firearms Act 2015; Sheriff's Act 1978) which require reading across instruments to apply (regs 1, 3, 6, 7, 8).","Tiered, numeric sentencing-discount regime with different percentage caps tied to offence seriousness and plea timing, plus exceptions tied to committal history—creates conditional application rules (r 6).","Operational discretion given to the Commissioner of Police over storage location, return/refusal decisions, extension periods and cost recovery introduces administrative judgment and case-by-case assessment (r 7(2), (6)–(11)).","Detailed notice, collection and forfeiture mechanics for surrendered items, including multiple ways to give notice and automatic forfeiture triggers, raise compliance and proof-of-service issues (r 7(6), (8), (13)).","Fee schedules for enforcement of restitution orders are formulaic but reference external rates and actual costs, requiring lookup and calculation against the Sheriff's Act and valuation costs (r 8).","Limits on police prosecutors signing additional-charge lists (excluding major indictable offences and where DPP prosecution might be affected) create procedural gatekeeping that can interact with prosecutorial strategy (r 5).","Interplay between superior‑court ex officio informations and prior committal proceedings (including rejection under the Criminal Procedure Act) generates conditional legal outcomes that must be determined before applying discounts (r 6(1)–(2)).","Legislative amendment history noted in the instrument signals that provisions have been varied over time, so practitioners must check historical and current versions to confirm applicable text."],"plain_english_summary":"These regulations add procedural rules under the Sentencing Act 2017: they name the prescribed authority (Clinical Director, Forensic Mental Health Service) (r 4); limit when police prosecutors may sign additional-charge lists (r 5); and set fixed sentencing-discount percentages and plea time windows for DPP ex officio informations (r 6). They set rules for storing, returning and forfeiting surrendered firearms and recovering storage costs (r 7), and fix fees for enforcing restitution orders by reference to Sheriff's Act rates (r 8)."}},"importantCases":[],"_links":{"self":"/api/acts/sentencing-regulations-2018","history":"/api/acts/sentencing-regulations-2018/history","analysis":"/api/acts/sentencing-regulations-2018/analysis","conflicts":"/api/acts/sentencing-regulations-2018/conflicts","importantCases":"/api/acts/sentencing-regulations-2018/important-cases","documents":"/api/acts/sentencing-regulations-2018/documents"}}