20Decision on request

20 Decision on request

20 Decision on request

(1) The local authority may decide:

(a) to register the interstate sentence, or

(b) to register the sentence if the offender meets preconditions imposed under section 21 (Preconditions for registration), or

(c) not to register the sentence.

(2) In deciding whether to register the interstate sentence, the local authority must have regard to the registration criteria, but may have regard to any matter prescribed by the regulations and any other relevant matter.

(3) The local authority:

(a) may decide not to register the interstate sentence even if satisfied the registration criteria are met, but

(b) must not decide to register the interstate sentence (with or without preconditions) unless satisfied that the registration criteria are met.

(4) The local authority may decide whether to register the interstate sentence, or to impose any preconditions, on the information and documents given to the authority under this Part, and any other information or documents available to the authority, without hearing the offender.

(5) To remove any doubt, the local authority may decide to register the interstate sentence even if:

(a) the interstate jurisdiction is not the originating jurisdiction for the sentence, or

(b) the sentence has previously been registered in this jurisdiction or this jurisdiction is the originating jurisdiction for the sentence, or

(c) the authority has previously decided not to register the sentence in this jurisdiction.

Note—

For the effect of registration in this jurisdiction of an interstate sentence, see section 24.

(6) If the local authority decides not to register the interstate sentence, the authority must give written notice of the decision to the offender and the interstate authority.