Crimes (Sentencing) Act 2005

Division 8A.2A.5 Therapeutic correction orders—supervision 133XP CYP director-general to report breach of therapeutic correction obligations 199

Page contents 13 133XQ Summons to attend court—breach of therapeutic correction obligations 199 133XR Arrest without warrant—breach of therapeutic correction obligations 200 133XS Arrest warrant—breach of therapeutic correction obligations 201 Division 8A.2A.6 Therapeutic correction orders—breach 133XT Breach of therapeutic correction order 201 Division 8A.2A.7 Therapeutic correction orders—review by court 133XU Application—div 8A.2A.7 203 133XV Therapeutic correction orders—review 203 133XW Therapeutic correction orders—CYP director-general must apply for review 204 133XX Therapeutic correction orders—notice of proposed review 204 Division 8A.2A.8 Therapeutic correction orders—miscellaneous 133XY Evidentiary certificates 205 133XZ Information exchanges—therapeutic correction team 206 Part 8A.3 Young offenders—accommodation orders 133Y Meaning of accommodation order 207 133Z Accommodation orders—for young offenders convicted or found guilty 207 133ZA Accommodation orders—eligibility 207 133ZB Accommodation orders—suitability 208 133ZC Accommodation orders—maximum period 209 133ZD Accommodation orders—2 or more orders 209 134 Operation of ancillary and restitution orders 210 135 Reparation—other actions for recovery 211 136 Information exchanges between criminal justice entities 212 137 Reduction of sentence—appeal if assistance undertaking breached 213 138 Effect of failure to comply with Act 213 139 Regulation-making power 214 Schedule 1 Schedule offences 215 Part 1.1 Crimes Act 1900 215

Page contents 14 Crimes (Sentencing) Act 2005 Part 1.2 Criminal Code 216 Part 1.3 Drugs of Dependence Act 1989 218 Part 1.4 Firearms Act 1996 218 Dictionary 219 1 About the endnotes 227 2 Abbreviation key 227 3 Legislation history 228 4 Amendment history 238 5 Earlier republications 259 6 Expired transitional or validating provisions 264

An Act to consolidate and reform the law about sentencing offenders, and for other purposes

1 Name of Act This Act is the Crimes (Sentencing) Act 2005.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘parole order—see the Crimes (Sentence Administration) Act 2005, section 117.’ means that the term ‘parole order’ is defined in that section of that Act and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Chapter 1

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, section 133 deals with the meaning of offence penalties that are expressed in penalty units.

Chapter 2 Objects and important concepts Chapter 2 Objects and important concepts 6 Objects of Act The objects of this Act include the following: (a) to promote respect for the law and the maintenance of a just and safe society; (b) to provide a range of sentencing options; (c) to maximise the opportunity for imposing sentences that are constructively adapted to individual offenders; (d) to promote flexibility in sentencing; (e) to consolidate legislation relating to the imposition of sentences.

7 Purposes of sentencing (1) A court may impose a sentence on an offender for 1 or more of the following purposes: (a) to ensure that the offender is adequately punished for the offence in a way that is just and appropriate; (b) to prevent crime by deterring the offender and other people from committing the same or similar offences; (c) to protect the community from the offender; (d) to promote the rehabilitation of the offender; (e) to make the offender accountable for his or her actions; (f) to denounce the conduct of the offender; (g) to recognise the harm done to the victim of the crime and the community.

Objects and important concepts Chapter 2 (2) To remove any doubt, nothing about the order in which the purposes appear in subsection (1) implies that any purpose must be given greater weight than any other purpose. Note However, see s 133C in relation to the sentencing of a young offender.

8 Meaning of offender offender— (a) means a person convicted or found guilty of an offence by a court, and includes a young offender; but (b) for— (i) part 4.2 (Pre-sentence reports)—see section 40; and (ii) part 4.2A (Intensive correction assessments)—see section 46B; and (iii) a treatment order provision—see section 46I; and (iv) part 4.6 (Sentencing—schedule offence with criminal group)—see section 61B. treatment order provision means the following: (a) section 12A (Drug and alcohol treatment orders); (b) part 4.2B (Drug and alcohol treatment assessments); (c) part 5.4A (Drug and alcohol treatment orders).

Chapter 3 Sentencing and non-conviction options

9 Imposition of penalties (1) The penalty a court may impose for an offence is the penalty provided under this Act or any other territory law. (2) Chapter 4 (Sentencing procedures generally) applies to the imposition of all penalties imposed by a court, whether under this Act or otherwise. Note 1 Under this Act, a court has the following sentencing and non-conviction options: • imprisonment served by full-time detention at a correctional centre or detention place (see s 10, ch 5 and s 133H) • imprisonment served by intensive correction (see s 11) • suspension of a sentence of imprisonment (see s 12) • drug and alcohol treatment order (see s 12A, pt 4.2B and pt 5.4A) • good behaviour order (see s 13 and ch 6) • fine order (see s 14 and s 15) • driver licence disqualification order (see s 16) • non-conviction order (see s 17 and s 18) • reparation order (see s 19, s 20 and ch 7) • non-association order (see pt 3.4) • place restriction order (see pt 3.4) • deferred sentence order (see s 27 and ch 8)

General Part 3.1 • therapeutic correction orders (young offenders only) (see pt 8A.2A) • accommodation order (young offenders only) (see pt 8A.3). Note 2 A court may also impose a combination sentence combining 2 or more of the options listed in note 1 (other than imprisonment served by intensive correction) or otherwise available under a territory law (see pt 3.6).

10 Imprisonment (1) This section applies if a court is sentencing an offender convicted of an offence punishable by imprisonment. (2) The court may, by order, sentence the offender to imprisonment, for all or part of the term of the sentence, if the court is satisfied, having considered possible alternatives, that no other penalty is appropriate. Note 1 An order sentencing an offender to imprisonment may be part of a combination sentence together with other sentencing options (see pt 3.6). Note 2 See s 133G for additional matters that apply in sentencing a young offender to imprisonment. (3) If the court sentences the offender to imprisonment, the sentence must be served by full-time detention at a correctional centre, unless— (a) the court orders otherwise; or (b) the offender is released from full-time detention under this Act or another territory law. Examples—par (a) 1 the court makes an intensive correction order 2 the court makes a suspended sentence order Example—par (b) release on parole under the Crimes (Sentence Administration) Act 2005 Note For a young offender who is under 21 years old when the sentence is imposed, see s 133H. (4) If the court sentences the offender to imprisonment, the court must record the reasons for its decision. (5) Failure to comply with subsection (4) does not invalidate the sentence

(6) This section also applies subject to any contrary intention in the law that directly or indirectly creates the offence or directly or indirectly affects its scope or operation. (7) This section is subject to chapter 5 (Imprisonment).

11 Intensive correction orders (1) This section applies if an adult offender is convicted of an offence and the court imposes a sentence of imprisonment. (2) If the sentence of imprisonment is for not more than 2 years the court may order that the sentence be served by intensive correction in the community (an intensive correction order). (3) The court may make an intensive correction order if the sentence of imprisonment is for more than 2 years but not more than 4 years, but only if the court considers it is appropriate to do so, having regard to— (a) the level of harm to the victim and the community caused by the offence; and (b) whether the offender poses a risk to 1 or more people or the community; and (c) the offender’s culpability for the offence having regard to all the circumstances. Note An intensive correction order must not be combined with a sentence of full-time imprisonment, a suspended sentence of imprisonment or a good behaviour order (see s 29 (1) (b)). (4) An intensive correction order must include the core conditions mentioned in the Crimes (Sentence Administration) Act 2005, section 42.

(5) An intensive correction order may include 1 or more of the following additional conditions that can reasonably be complied with within the term of the order: (a) a community service condition; (b) a rehabilitation program condition; (c) that the offender comply with a reparation order, a non-association order or place restriction order; (d) a condition prescribed by regulation; (e) any other condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005, that the court considers Examples—conditions for s (5) (e) 1 that the offender undertake medical treatment and supervision (eg by taking medication and cooperating with medical assessments) 2 that the offender supply samples of blood, breath, hair, saliva or urine for alcohol or drug testing if required by a corrections officer 3 that the offender attend educational, vocational, psychological, psychiatric or other programs or counselling 4 that the offender not drive a motor vehicle or consume alcohol or non-prescription drugs or medications 5 that the offender regularly attend alcohol or drug management programs Note For core conditions of an intensive correction order, see the Crimes (Sentence Administration) Act 2005, s 42. (6) An intensive correction order may also include a curfew condition if the court is satisfied that each adult who is living at the curfew place or has parental responsibility or guardianship for a person who is living at the curfew place consents to the curfew. (7) This section is subject to chapter 5 (Imprisonment).

12 Suspended sentences (a) an offender is convicted of an offence; and (b) the court sentences the offender to imprisonment for the offence. (2) The court may make an order (a suspended sentence order) suspending all or part of the sentence of imprisonment. (3) If the court makes a suspended sentence order, the court must also make a good behaviour order for the period during which the sentence is suspended or for any longer period that the court considers Note A suspended sentence order may be part of a combination sentence together with other sentencing options (see pt 3.6). (4) If the court makes a suspended sentence order fully suspending the sentence of imprisonment, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to the offender. Note 1 For notice of a partly suspended sentence of imprisonment, see s 84. suspended sentence order. (6) This section is subject to the following provisions: (a) section 13 (Good behaviour orders); (b) chapter 5 (Imprisonment); (c) chapter 6 (Good behaviour orders). (7) To avoid doubt, a sentence of imprisonment suspended under the custodial part of a drug and alcohol treatment order is not a suspended

12A Drug and alcohol treatment orders (a) an offender pleads guilty to an eligible offence; and Note A reference to an offender in this section does not include a young offender (see s 8 (1) (b)). (b) the Supreme Court convicts the offender of the eligible offence and sentences the offender to a term of imprisonment for— (i) if the offender is convicted of 1 eligible offence only— at least 1 year but not more than 4 years; or (ii) if the offender is convicted of more than 1 eligible offence—a total period of at least 1 year but not more than 4 years; and (c) the offender is not subject to a sentencing order for another (2) The court may make an order (a drug and alcohol treatment order) that suspends a sentence of imprisonment for an eligible offence on condition that the offender agrees to complete a treatment program, but only if— (a) the court is satisfied on the balance of probabilities that— (i) the offender is dependent on alcohol or a controlled drug; and (ii) the offender’s dependency substantially contributed to the commission of the offence; and (iii) the offender will live in the ACT for the term of the sentence except as directed by the court; and (b) the court considers the order appropriate, taking into account— (i) the relevant sentencing considerations applying to the

(ii) any information given to the court relating to the concerns of a victim about the victim’s safety or welfare; and (iii) the matters set out under section 80O; and Note Section 80O sets out the object of a drug and alcohol treatment (c) the offender gives informed consent to the order being made after the offender is given— (i) a clear explanation of the treatment order that contains sufficient information to enable the offender to make a balanced judgment about whether or not to consent to serve the sentence under the order; and (ii) an opportunity to ask any questions about the order, and those questions have been answered and the offender appears to have understood the answers. (3) A drug and alcohol treatment order, in suspending a sentence of imprisonment, must— (a) if the sentence is taken to have started on a day before the day the sentence is imposed—suspend the remaining part of the sentence beginning on the day the sentence is imposed; or (b) in any other case—fully suspend the sentence. (4) To remove any doubt–– (a) the offender must not be subject to more than 1 treatment order at any particular time; and (b) a treatment order may apply to more than 1 eligible offence dealt with in the same sentencing proceeding; and

(c) sentences for multiple offences may be served concurrently or consecutively (or partly concurrently and partly consecutively), subject to subsection (1) (b). Note Words in the singular number include the plural (see Legislation Act, s 145 (b)). (5) The court must not impose a lesser sentence of imprisonment on the offender than the circumstances of the offence would ordinarily require only to allow the court to make a treatment order. (6) If the court makes a treatment order, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to the offender. (8) This section is subject to part 5.4A (Drug and alcohol treatment orders). Note A treatment order may not be made in relation to an offender who is under 18 years old (see s 46I). eligible offence means an offence that is not— (a) a serious violence offence; or (b) a sexual offence. sentencing order means any of the following: (a) an order for imprisonment by full-time detention; (b) a suspended sentence order; (c) an intensive correction order; (d) a deferred sentence order; (e) a parole order;

(f) an order under a law in force in Australia that corresponds to an order mentioned in paragraphs (a) to (e). serious violence offence means an offence against any of the following provisions of the Crimes Act 1900: (a) section 12 (Murder); (b) section 15 (Manslaughter); (c) section 19 (Intentionally inflicting grievous bodily harm); (d) section 20 (Recklessly inflicting grievous bodily harm). sexual offence means an offence against the Crimes Act 1900, part 3. treatment program—see section 80Z (1) (a).

13 Good behaviour orders (1) This section applies if an offender is convicted or found guilty of an Note If a good behaviour order is made without convicting the offender (see s 17), it is also a non-conviction order (see s 17 (2)). (2) The court may make an order (a good behaviour order) requiring the offender to sign or give an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 for a stated period. (3) An undertaking— (a) may be signed or given before the court; and (b) if given before the court, must be recorded by the court. (4) A good behaviour order may include 1 or more of the following conditions: (a) that the offender give security for a stated amount, with or without sureties, for compliance with the order; Note This paragraph does not apply to a young offender (see s 133M). (b) a community service condition; Note A community service condition must not be included in the order unless the offender is convicted of the offence (see s 87). (c) a rehabilitation program condition; Note A good behaviour order that includes a rehabilitation program condition must also include a probation condition or supervision condition (see s 95 and s 133V). (d) a probation condition; (e) that the offender comply with a reparation order;

(f) a condition prescribed by regulation for this paragraph; (g) any other condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005, that the court considers Examples of conditions for par (g) 1 that the offender undertake medical treatment and supervision (eg by taking medication and cooperating with medical assessments) 2 that the offender supply samples of blood, breath, hair, saliva or urine for alcohol or drug testing if required by a corrections officer 3 that the offender attend educational, vocational, psychological, psychiatric or other programs or counselling 4 that the offender not drive a motor vehicle or consume alcohol or non-prescription drugs or medications 5 that the offender regularly attend alcohol or drug management programs Note See s 133M for additional conditions available for young offenders (education and training conditions and supervision conditions). (5) If the offence is punishable by imprisonment, a good behaviour order— (a) may be made instead of imposing a sentence of imprisonment or as part of a combination sentence that includes imprisonment; and (b) may apply to all or part of the term of the sentence. (6) Subsection (5) does not, by implication, limit the sentences that a court may impose under this Act or another territory law. (7) If the good behaviour order includes a community service condition, it is a community service order. (8) If the good behaviour order includes a rehabilitation program condition, it is a rehabilitation program order. (9) This section is subject to chapter 6 (Good behaviour orders).

14 Fines—orders to pay (1) This section applies if an offender is convicted of an offence. (2) The court may make an order (a fine order) directing that the offender pay a fine for the offence. Note The Legislation Act, s 133, s 135 and s 136 deal with penalty units and the effect of the statement of a penalty for an offence in a territory law. (3) The court is not required to inquire into the offender’s financial circumstances before making a fine order but must consider any facts established by the offender about the offender’s financial circumstances. Note Section 33 (1) (n) requires the court, in deciding how to sentence an offender, to consider the offender’s financial circumstances if relevant and known to the court. (4) The court may make a fine order for the offender whether or not the offence is punishable by a fine otherwise than under this part. (5) If a court makes a fine order, the court must state in the order— (a) the amount of the fine; and (b) how the fine is to be paid (for example, by stated instalments at stated times). (6) If the Magistrates Court imposes a fine on an offender for an offence and the summons for the offence was served in accordance with the Magistrates Court Act 1930, section 116B (Service of summons for prescribed offence), the court must allow the offender at least 14 days for payment.

(7) As soon as practicable after the court makes a fine order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender. (8) Failure to comply with subsection (7) does not invalidate the fine

15 Fines—maximum amounts The maximum fine that a court may impose for an offence is— (a) if the offence is punishable by a fine otherwise than under this part—the maximum amount fixed for the fine; or (b) in any other case— (i) if the Supreme Court makes the order—$10 000; or (ii) if the Magistrates Court makes the order—$2 000.

15A Fines—security for payment (1) If a court makes a fine order, the court may, in addition to allowing time for payment of an amount under the order, direct that the offender liable to pay the amount give security, to the satisfaction of the person specified by the court, with or without sureties, for payment of the amount. (2) The security must be given, and may be enforced, in the way provided by the Magistrates Court Act 1930, part 3.12 (Securities in criminal matters).

16 Driver licence disqualification orders—motor vehicle theft (a) an offender is convicted or found guilty of an offence against a territory law involving the theft of a motor vehicle; or (b) an offender is convicted or found guilty of an offence against the Criminal Code, section 318 (Taking etc motor vehicle without consent). Example for par (a) an offence against any of the following provisions of the Criminal Code in relation to property that is a motor vehicle: • s 308 (Theft) • s 309 (Robbery) • s 310 (Aggravated robbery) • s 311 (Burglary) • s 312 (Aggravated burglary) (2) The court sentencing the offender may make an order (a driver licence disqualification order) disqualifying the offender from holding or obtaining a driver licence under the Road Transport (Driver Licensing) Act 1999 for a period the court considers Note The effect of disqualification is set out in the Road Transport (General) Act 1999, s 66. (3) To remove any doubt, this section is additional to the court’s other powers under this Act or any other territory law, including, for example, the road transport legislation. (4) As soon as practicable after the court makes a driver licence disqualification order, the court must ensure that written notice of the

(b) the road transport authority. to the offender for the sentences (see Legislation Act, s 49). (5) Failure to comply with subsection (4) does not invalidate the driver licence disqualification order. motor vehicle—see the Criminal Code, section 318 (3). road transport legislation—see the Road Transport (General) Act 1999, section 6.

17 Non-conviction orders—general (1) This section applies if an offender is found guilty of an offence. (2) Without convicting the offender of the offence, the court may make either of the following orders (each of which is a non-conviction order): (a) an order directing that the charge be dismissed, if the court is satisfied that it is not appropriate to impose any punishment (other than nominal punishment) on the offender; (b) a good behaviour order under section 13. Note A good behaviour order for a non-conviction order cannot include a community service condition because the offender is not convicted of the offence (see s 87). (3) In deciding whether to make a non-conviction order for the offender, the court must consider the following: (a) the offender’s character, antecedents, age, health and mental condition; (b) the seriousness of the offence;

(c) any extenuating circumstances in which the offence was committed. (4) The court may also consider anything else the court considers relevant. Note An appeal may lie to the Supreme Court from a decision of the Magistrates Court to make a non-conviction order for an offender in the same circumstances as an appeal from a decision of the Magistrates Court in relation to an offender’s conviction for an offence (see Magistrates Court Act 1930, pt 3.10). (5) If the court makes a non-conviction order under subsection (2) (a) for the offender, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to the offender. Note 1 For notice of a good behaviour order under s (2) (b), see s 103. non-conviction order. (7) If the court makes a non-conviction order under subsection (2) (b), the good behaviour order must be for a term of no longer than 3 years. (8) This section (other than subsection (7)) is subject to section 13 and chapter 6 (Good behaviour orders).

18 Non-conviction orders—ancillary orders (1) This section applies if the court makes a non-conviction order for an offender for an offence. (2) The court may make any ancillary order that it could have made if it had convicted the offender of the offence.

(3) The offender has the same rights of appeal in relation to the making of the ancillary order as the offender would have had if the order had been made on the conviction of the offender for the offence. (4) This section is subject to section 134 (Operation of ancillary and restitution orders). ancillary order means an order or direction in relation to any of the (a) restitution; (b) compensation; (c) costs; (d) forfeiture; (e) destruction; (f) disqualification or loss or suspension of a licence or privilege. 1 a reparation order 2 a driver licence disqualification order

19 Reparation orders—losses and expenses generally (a) an offender is convicted or found guilty of an offence against a territory law; and (b) a person (the injured person) suffers loss or incurs expense (including any out-of-pocket expense) as a direct result of the commission of the offence. Note Certain victims of crimes may claim financial assistance under the Victims of Crime (Financial Assistance) Act 2016.

(2) Before the court sentences the offender or makes a non-conviction order for the offender, the director of public prosecutions may apply to the court for an order under this section. (3) On application under subsection (2), or its own initiative, the court may make an order (a reparation order) requiring the offender to make reparation to the injured person, by way of a payment of money or otherwise, for the loss or expense. Note If the offence relates to stolen property, a reparation order may also be made under s 20 (see s 111). (4) This section is subject to chapter 7 (Reparation orders) and section 134 (Operation of ancillary and restitution orders). loss—see the Criminal Code, section 300.

20 Reparation orders—stolen property (1) This section applies if an offender is convicted or found guilty of an offence against a territory law in relation to stolen property. (2) Before the court sentences the offender or makes a non-conviction order for the offender, the director of public prosecutions may apply to the court for 1 or more orders under this section. (3) On application under subsection (2), or its own initiative, the court may make the following orders (each of which is a reparation order): (a) an order that a person having custody or possession of the stolen property restore it to someone entitled to recover it from the person;

(b) an order that the offender pay the value of the stolen property to a person who, if the stolen property were in the custody or possession of the offender, would be entitled to recover it from the offender. Note A reparation order may also be made under s 19 for the same offence (see s 111). (4) If the court makes an order under subsection (3) (a), the court, on application under subsection (2), or its own initiative, may also make either or both the following orders (each of which is also a reparation order): (a) if the court considers that the offender has sold the property to a purchaser who was acting honestly—an order that the offender pay the purchaser an amount not exceeding the amount paid by the purchaser; (b) if the court considers that the offender has borrowed money on the security of the property from a lender acting honestly—an order that the offender pay the lender an amount not exceeding the amount owed to the lender under the loan. (5) This section is subject to chapter 7 (Reparation orders) and section 134 (Operation of ancillary and restitution orders). stolen property—see the Criminal Code, section 314 (Receiving— meaning of stolen property). Note Under the Criminal Code, stolen property includes tainted property. Tainted property is the proceeds of the sale of stolen property, or property that is exchanged for stolen property.

Part 3.4 Non-association and place restriction orders

21 Definitions—pt 3.4 non-association order means an order prohibiting an offender from— (a) being with a named person, or attempting to be with the person; or (b) being with a named person or communicating in any way (including electronically) with the person, or attempting to be with the person or to communicate in any way (including electronically) with the person. place restriction order means an order prohibiting an offender from being in, or within a stated distance of, a named place or area or attempting to be in, or within the stated distance, of the place or area.

22 Application—pt 3.4 This part applies if a court makes any of the following orders for an offender in relation to an offence: (a) an intensive correction order; (b) a drug and alcohol treatment order; (c) a good behaviour order; (d) a therapeutic correction order.

23 Non-association and place restriction orders—when may be made (1) The court may make a non-association order or place restriction order for the offender if— (a) the offence is a relevant offence; and (b) the court is satisfied that it is necessary and reasonable to make the order for 1 or more of the following purposes: (i) preventing the offender from harassing anyone or endangering the safety or welfare of anyone; (ii) preventing the offender from committing further offences (including a relevant offence); (iii) assisting the offender to manage things that may make the offender more likely to commit further offences (including a relevant offence) if not managed. Note See s 133I for an additional consideration that applies in sentencing a young offender. (2) The restriction imposed on the offender by a non-association order or place restriction order, and the period of the order, must not be unreasonably disproportionate to the purpose for which the order is made. (3) To remove any doubt, this section is additional to the court’s other powers under this Act or any other territory law. harm—see the Criminal Code, dictionary. personal violence offence means— (a) an offence that involves causing harm, or threatening to cause harm, to anyone; or (b) a family violence offence.

relevant offence means— (a) an offence against the Criminal Code, part 4.1 (Property damage offences) that is punishable by imprisonment for 5 years or more; or (b) an offence against the Criminal Code, chapter 6 (Serious drug offences); or (c) an offence against the Criminal Code, chapter 7 (Administration of justice offences) that is punishable by imprisonment for 5 years or more; or (d) an offence against the Firearms Act 1996 that is punishable by imprisonment for 20 years or more; or (e) an offence against the Crimes Act 1900, section 114B (Money laundering); or (f) a personal violence offence; or (g) an offence prescribed by regulation. Note A reference to an offence includes a reference to a related ancillary offence, eg attempt and conspiracy (see Legislation Act, s 189).

24 Non-association and place restriction orders—maximum period (1) A non-association order or place restriction order— (a) must be for a period not longer than— (i) if the order is made with an intensive correction order, a drug and alcohol treatment order or a therapeutic correction order—24 months; or (ii) in any other case—12 months; and (b) must state when it starts and the period for which it operates.

(2) To remove any doubt, the period of a non-association order or place restriction order is not limited by the term of any other sentence imposed for the offence for which the order is made. Example Sean is convicted of an offence. The court decides that the appropriate penalty is 6 months imprisonment served by intensive correction and a place restriction order. The place restriction order may be for longer than 6 months (but not longer than 24 months).

25 Non-association and place restriction orders— explanation and official notice (1) If a court makes a non-association order or place restriction order for the offender, the court must ensure that reasonable steps are taken to explain to the offender in general terms (and in language the offender can readily understand)— (a) the nature of the order; and (b) the offender’s obligations under the order; and (2) As soon as practicable after the court makes the non-association order or place restriction order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender. (3) Failure to comply with this section does not invalidate the non-association order or place restriction order.

26 Non-association order—disclosure of identifying information (1) A person commits an offence if the person publishes— (a) the fact that a person is someone (other than the offender) to whom a non-association order relates; or (b) any information that could reasonably identify someone (other than the offender) to whom a non-association order relates. Maximum penalty: 10 penalty units. (2) Subsection (1) does not apply if the publication is— (a) to a relevant person (see subsection (5)); or (b) to a named person by, or in accordance with, a direction of a court; or (c) part of an official report of a court proceeding and the publication is relevant to the proceeding. (3) However, a court must not give a direction under subsection (2) (b) unless it is satisfied that the publication is in the interests of justice. (4) An offence against this section is a strict liability offence. relevant person means any of the following: (a) the offender; (b) a person (other than the offender) to whom the order relates; (c) a police officer; (d) anyone involved in the administration of the order, or any other penalty to which the offender is subject in relation to the offence for which the order was made; (e) anyone involved in a proceeding for failure to comply with the non-association order;

(f) anyone stated in the non-association order as someone to whom the information may be published; (g) anyone else to whom the information is required or allowed to be published under a law of the Territory, the Commonwealth, a State or another Territory.

27 Deferred sentence orders—making (a) an offender has been convicted or found guilty by a court of an offence punishable by imprisonment; and (b) the court has not sentenced the offender for the offence; and (c) the offender is neither serving, nor liable to serve, a term of imprisonment for another offence; and (d) the court considers the offender should be given an opportunity to address his or her criminal behaviour, and anything that has contributed to the behaviour, before the court sentences the offender for the offence; and (e) the court is satisfied that it may release the offender on bail under the Bail Act 1992. (2) The court may make an order (a deferred sentence order) requiring the offender to appear before the court at the time and place stated in the order to be sentenced for the offence. Note The maximum period of the order is 12 months (see s 122 (1)). (3) If the court makes a deferred sentence order for the offender, the court must release the offender on bail under the Bail Act 1992. (4) A deferred sentence order applies to all offences for which the court may sentence the offender, whether or not they are punishable by

Deferred sentence orders Part 3.5 (5) A deferred sentence order may include any condition the court considers appropriate for subsection (1) (d). see the examples to section 13 (4) (g) (Good behaviour orders) Note Bail may be granted subject to conditions (see Bail Act 1992, s 25). (6) This section is subject to chapter 8 (Deferred sentence orders).

28 Application—pt 3.6 This part applies if an offender is convicted of an offence.

29 Combination sentences—offences punishable by imprisonment (1) If the offence is punishable by imprisonment, the court sentencing the offender may impose a sentence (a combination sentence) consisting of 2 or more of the following orders: (a) an order sentencing the offender to imprisonment as full-time detention; Note A sentence of imprisonment must be served by full-time detention at a correctional centre or detention place unless the court otherwise orders, or the offender is released from detention under this Act or another territory law (see s 10 (3) and s 133H). (b) an intensive correction order (but not in combination with a sentence of full-time imprisonment, a suspended sentence of imprisonment or a good behaviour order); (c) a suspended sentence order; (d) a good behaviour order; Note A good behaviour order may not be set to start at a time when the offender may be serving full-time detention or be on parole (see s 31 (2)). (e) a fine order; (f) a driver licence disqualification order; (g) a reparation order; (h) a non-association order; (i) a place restriction order;

Combination sentences Part 3.6 (j) an order (however described) imposing another penalty available under any other territory law. The following are examples of sentences that might be imposed on an offender by a court who has been convicted of an offence punishable by imprisonment: 1 a sentence of 18 months as follows: • an order for imprisonment for 1 year with no nonparole period • a fine order directing payment of $500 by stated instalments • a good behaviour order for 6 months (the remainder of the term of the sentence) • a driver licence disqualification order for all of the sentence 2 a sentence of 3 years and 6 months as follows: • an order for 3 years imprisonment with no nonparole period • a good behaviour order for 6 months (the remainder of the term of the sentence) and a concurrent non-association order (2) However, the court must not make an order that forms part of the combination sentence unless the court would have power to make the order otherwise than as part of a combination sentence.

30 Combination sentences—offences punishable by fine (1) If the offence is not punishable by imprisonment (except in default of payment of a fine), the court sentencing the offender may impose a sentence (also a combination sentence) consisting of 2 or more of the following orders: (a) a good behaviour order; (b) a fine order; (c) a driver licence disqualification order; (d) a reparation order; (e) a non-association order; (f) a place restriction order;

(g) an order (however described) imposing another penalty available under any other territory law. (2) However, the court must not make an order that forms part of the combination sentence unless the court would have power to make the order otherwise than as part of a combination sentence.

31 Combination sentences—start and end (1) For a combination sentence, a court may set the start or end of the period of any part of the sentence, or of any order forming part of the sentence, by reference to anything the court considers appropriate, including, for example— (a) a stated day; or (b) the lapse of a stated period of time; or (c) whenever a stated event happens, or whenever the earlier or later of 2 or more stated events happens. Example for par (c) a 5-year combination sentence consisting of the following orders: • an order for imprisonment for 3 years with a 2-year nonparole period • a good behaviour order for 2 years stated to start at the end of the sentence of imprisonment • a place restriction order for 1 year stated to start at the end of the sentence of imprisonment (2) However, the court must not set the start of the period of any part of the sentence that is a good behaviour order on a day when the offender may be serving a period of full-time detention or may be on parole.

Chapter 4 Sentencing procedures generally

32 Power to reduce penalties (1) If, under a territory law, an offender is liable to imprisonment for life, a court may nevertheless impose a sentence of imprisonment for a stated term. (2) If, under a territory law, an offender is liable to imprisonment for a stated term, a court may nevertheless impose a sentence of imprisonment for a lesser term. (3) If, under a territory law, an offender is liable to a fine of a stated amount, a court may nevertheless make a fine order for a lesser amount. (4) This section— (a) is not limited by any other provision of this chapter; and (b) does not limit any discretion the court has, apart from this section, about the imposition of penalties.

33 Sentencing—relevant considerations (1) In deciding how an offender should be sentenced (if at all) for an offence, a court must consider whichever of the following matters are relevant and known to the court: (a) the nature and circumstances of the offence; (b) any other offences required or allowed to be taken into account; (c) if the offence forms part of a course of conduct consisting of a series of criminal acts of the same or a similar character—the course of conduct;

(d) if the personal circumstances of any victim of the offence were known to the offender when the offence was committed—the circumstances; (e) any injury, loss or damage resulting from the offence; (f) the effect of the offence on the victims of the offence, the impact statement; Note 1 For who may make a victim impact statement, see s 49. Note 2 The court must not draw any inference about the harm suffered by a victim from the fact that a victim impact statement is not given to the court in relation to the offence (see s 53 (1) (b)). (g) if a victim of the offence was pregnant— (i) whether the offender knew, or ought reasonably to have known, that the victim was pregnant; and (ii) whether the offender intended to cause, or was reckless about causing, loss of or harm to the pregnancy; and (iii) the loss of or harm to the pregnancy; and (iv) whether the offender intended to cause, or was reckless about causing, the death of or harm to a child born alive as a result of the pregnancy; and (v) the death of or harm to a child born alive as a result of the pregnancy; (gb) if the victim of the offence was a vulnerable person— (i) whether the offender knew, or ought reasonably to have known— (A) that the victim was a vulnerable person; or (B) that the victim was a vulnerable person and the extent of the person’s vulnerability; and

(ii) the loss or harm to the vulnerable person; (h) any action the offender may have taken to make reparation for any injury, loss or damage resulting from the offence; (i) the degree of responsibility of the offender for the commission of the offence; (j) a plea of guilty by the offender (see section 35); (k) any assistance by the defence in the administration of justice (see section 35A); (l) any assistance by the offender to law enforcement authorities (see section 36); (m) the cultural background, character, antecedents, age and physical or mental condition of the offender; (n) the financial circumstances of the offender; (o) the probable effect that any sentence or order under consideration would have on any of the offender’s family or dependants; (p) whether the offender was affected by alcohol or a controlled drug when the offence was committed and the circumstances in which the offender became affected; (q) the degree to which the offence was the result of provocation, duress or entrapment; (r) whether the recording of a conviction or the imposition of a particular penalty would be likely to cause particular hardship to the offender; (s) any jury recommendation for mercy; (t) whether the offender is voluntarily seeking treatment for any physical or mental condition that may have contributed to the commission of the offence;

(u) whether the offender was in a position of trust or authority when the offence was committed; (v) the reason or reasons why the offender committed the offence; (w) whether the offender has demonstrated remorse; (x) if the offender has complied with an order for assessment, treatment, referral or monitoring by the court alcohol and drug assessment service under section 40B (2)—that fact; (y) if the Crimes (Restorative Justice) Act 2004, section 19 (1) (b) applies to the offender—that fact; (z) whether the offender has paid the prescribed penalty in accordance with any infringement notice served on the offender Note For when an infringement notice may be withdrawn after it has been paid, see the Magistrates Court Act 1930, s 127 and the Road Transport (General) Act 1999, s 36. (za) current sentencing practice. Note See s 133D for additional considerations that apply in sentencing a young (2) Without limiting subsection (1), in deciding whether a good behaviour order is an appropriate penalty for an offence, the court must consider the nature and severity of the conditions that may apply to the offender under the order. (3) Subsections (1) and (2) do not limit the matters a court may consider in deciding how an offender should be sentenced (if at all) for an (4) The fact that any relevant factor is known to the court does not require the court to increase or reduce the severity of the sentence for the

vulnerable person means an adult who— (a) has a disability within the meaning of the Disability Services Act 1991; or (b) is at least 60 years old and— (i) has a disorder, illness or disease that affects the person’s thought processes, perception of reality, emotions or judgment or otherwise results in disturbed behaviour; or (ii) has an impairment that— (A) is intellectual, psychiatric, sensory or physical in nature; and (B) results in a substantially reduced capacity of the person for communication, learning or mobility; or (iii) for any other reason is socially isolated or unable to participate in the life of the person’s community.

34 Sentencing—irrelevant considerations (1) In deciding how an offender should be sentenced (if at all) for an offence, a court must not increase the severity of the sentence it would otherwise have imposed because of any of the following: (a) a law that has not commenced; (b) any alleged offences that the offender has not admitted in accordance with section 57 (Outstanding additional offences taken into account in sentencing); (c) that the offender chose not to give evidence on oath;

(d) that the offender may have committed perjury or been guilty of contempt of court during the proceeding; (e) the offender’s behaviour in court; (f) that the offender chose to plead not guilty; (g) that the offender did not comply with an order for assessment, treatment, referral or monitoring by the court alcohol and drug assessment service under section 40B (2); (h) that the offender chose not to take part, or chose not to continue to take part, in restorative justice for the offence under the Crimes (Restorative Justice) Act 2004. (2) In deciding how an offender should be sentenced for an offence, a court must not reduce the severity of a sentence it would otherwise have imposed because of an automatic forfeiture of property, a forfeiture order, or a penalty order under the Confiscation of Criminal Assets Act 2003. 34AA Sentencing—submissions In deciding how an offender should be sentenced (if at all) for an offence, a court may consider a submission made by a party to the proceeding stating the sentence, or range of sentences, the party considers appropriate for the court to impose.

34A Sentencing—sexual offences against children For a sexual offence against a child, a court— (a) must sentence the offender in accordance with sentencing practice, including sentencing patterns, at the time of sentencing; and

(b) must not reduce the severity of a sentence it would otherwise have imposed on an offender because the offender has good character, to the extent that the offender’s good character enabled the offender to commit the offence. Examples—par (b) 1 The offender’s good character was one reason the offender was selected to supervise children on a camp. The offender began to establish a relationship with children at the camp to obtain their compliance in acts of a sexual nature.

2 A child’s parents trusted the offender to care for the child because of the offender’s authority in their community. The offender held authority in the community in part because of the offender’s good character. The offender sexually abused the child including while the child was in the offender’s care. Note A sentence is limited to the maximum sentence that applied to the offence when it was committed (see Human Rights Act 2004, s 25 (2)).

34B Sentencing—family violence offences (1) In deciding how an offender should be sentenced for a family violence offence, a court must consider the nature of family violence and the context of the offending, including the following: (a) the matters mentioned in the preamble to the Family Violence Act 2016; (b) whether the offending occurred at the home of the victim, offender or another person; (c) whether the offending occurred when a child was present; (d) if the offence is a serious family violence offence—whether the offender has 1 or more other convictions for serious family violence offences. (2) A court must not reduce the severity of a sentence it would otherwise have imposed because— (a) the offence is a family violence offence; or

(b) a family violence order under the Family Violence Act 2016 or a protection order under the Domestic Violence and Protection Orders Act 2008 (repealed) is in force against the offender in relation to the family violence offence. family violence—see the Family Violence Act 2016, dictionary. serious family violence offence means a family violence offence that is punishable by imprisonment for 5 years or more.

35 Reduction of sentence—guilty plea (a) an offender pleads guilty to an offence; and (b) based on the information currently available to the court, the court considers that there is a real likelihood that it will sentence the offender to imprisonment. (2) In deciding how the offender should be sentenced (if at all) for the offence, the court must consider the following matters: (a) the fact that the offender pleaded guilty; (b) when the offender pleaded guilty, or indicated an intention to plead guilty; (c) whether the guilty plea was related to negotiations between the prosecution and defence about the charge to which the offender pleaded guilty; (d) the seriousness of the offence; (e) the effect of the offence on the victims of the offence, the impact statement. Note For who may make a victim impact statement, see s 49.

(3) The court may impose a lesser penalty (including a shorter nonparole period) on the offender than it would otherwise have imposed if the offender had not pleaded guilty to the offence. (4) However, in deciding any lesser penalty, the court must not make any significant reduction for the fact that the offender pleaded guilty if, based on established facts, the court considers that the prosecution’s case for the offence was overwhelmingly strong. (5) For subsection (2) (b), the earlier in the proceeding that the guilty plea is made, or indication is given that it will be made, the lesser the penalty the court may impose. (6) A lesser penalty imposed under this section must not be unreasonably available documents, in relation to the offence, means any of the (a) any written statements or admissions made for use as evidence at a trial that would have been admissible as evidence at the trial (b) depositions taken at any committal proceeding for the offence; (c) any written statements or admissions used as evidence in any committal proceeding for the offence; (d) any other relevant written documents. (b) any lawyer representing the offender. established facts means facts established by— (a) evidence given at the trial; or (b) available documents; or

(c) admissions by the offender; or (d) submissions made by the prosecution or defence.

35A Reduction of sentence—assistance in administration of justice (a) an offender is convicted or found guilty of an offence; and (b) before or after the conviction or finding of guilt, the defence assisted in the administration of justice for the offence. Example—par (b) an admission made by the defence pre-trial or during a trial (2) A court may impose a lesser penalty (including a shorter nonparole period) on the offender than it would otherwise have imposed having regard to the degree of assistance provided in the administration of justice. (3) A lesser penalty imposed under this section must not be unreasonably (4) For this section, assistance in the administration of justice— (a) includes a pre-trial disclosure by the defence; but (b) does not include assistance— (i) consisting only of a plea of guilty under section 35; or (ii) given to law enforcement authorities under section 36. (b) any lawyer representing the offender.

36 Reduction of sentence—assistance to law enforcement authorities (a) an offender is convicted or found guilty of an offence; and (b) the offender assisted, or undertook to assist, law enforcement authorities in— (i) preventing, detecting or investigating the offence or any other offence; or (ii) a proceeding in relation to the offence or any other offence. (2) A court may impose a lesser penalty (including a shorter nonparole period) on the offender than it would otherwise have imposed having regard to the degree of assistance provided, or undertaken to be provided, to law enforcement authorities. Note The DPP may appeal against the reduced sentence if the offender does not comply with the undertaking (see s 137). (3) In deciding whether to impose a lesser penalty for the offence, and the nature and extent of the penalty to be imposed, the court must consider the following matters: (a) the effect of the offence on the victims of the offence, the impact statement; Note For who may make a victim impact statement, see s 49. (b) the significance and usefulness of the offender’s assistance to law enforcement authorities, taking into account any evaluation by the authorities of the assistance provided or undertaken to be provided; (c) the truthfulness, completeness and reliability of any information or evidence provided by the offender;

(d) the nature and extent of the offender’s assistance or promised assistance; (e) the timeliness of the assistance or undertaking to assist; (f) any benefits that the offender has gained or may gain because of the assistance or undertaking to assist; (g) whether the offender will suffer harsher custodial conditions because of the assistance or undertaking to assist; (h) any injury suffered by the offender or the offender’s family, or any danger or risk of injury to the offender or the offender’s family, because of the assistance or undertaking to assist; (i) whether the assistance or promised assistance is in relation to the offence for which the offender is being sentenced or an unrelated offence; (j) if the offender is to serve a sentence of imprisonment—the likelihood that the offender will commit further offences after release from imprisonment. (4) A lesser penalty imposed under this section must not be unreasonably

37 Reduction of sentence—statement by court about penalty (1) This section applies if a court imposes a lesser penalty for an offence under section 35 (Reduction of sentence—guilty plea), section 35A (Reduction of sentence—assistance in administration of justice) or section 36 (Reduction of sentence—assistance to law enforcement authorities). (2) The court must state— (a) the penalty (including any shorter nonparole period) it would otherwise have imposed; and (b) if the lesser penalty is imposed under section 35A or section 36—the reason for the imposition of the lesser penalty.

38 Sentences of imprisonment and uncompleted young offender orders (1) This section applies in relation to an adult offender if, at the time of sentencing— (a) the adult offender is serving a sentence that was imposed on the person as a young offender (the previous sentence); and (b) the court is imposing a sentence that would be likely to bring the offender into contact with other adult offenders. (2) The court— (a) must, in deciding the term of the sentence, consider any remaining period during which the previous sentence would remain in force if not discharged under paragraph (b); and (b) may, if appropriate, discharge the previous sentence.

39 Judgment after sentence deferred (1) If an offender is convicted of an offence and sentence is deferred, the court before which the offender was tried, or the Supreme Court, may sentence the offender for the offence at any time afterwards. (2) This section does not apply if the court has made a deferred sentence Note Under a deferred sentence order, sentencing is deferred to a stated time (see s 27) unless the order is cancelled (see s 133).

39A Meaning of assessor—pt 4.2 (a) a public servant whose functions include preparing pre-sentence reports; or

40 Application—pt 4.2 This part applies if either of the following applies to a person (the offender): (a) a court finds the offender guilty of an offence; (b) the offender indicates to a court an intention to plead guilty to an offence.

40A Pre-sentence report matters For this part, each of the following is a pre-sentence report matter in relation to the offender: (a) the offender’s age; (b) the offender’s social history and background (including cultural background); (c) the offender’s medical and psychiatric history; (d) the offender’s educational background; (e) the offender’s employment history; (f) the extent to which the offender is complying, or has complied, with any sentence;

(g) the offender’s financial circumstances; (h) any special needs of the offender; (i) any courses, programs, treatment, therapy or other assistance that is available to the offender and from which the offender may benefit; (j) any risk assessments made of the likelihood that the offender will commit further offences or of things (including circumstances) that may make the offender more likely to commit further offences; (k) whether the offender— (i) is addicted to, or misuses, alcohol or a controlled drug; and (ii) has been assessed, treated or monitored by the court alcohol and drug assessment service under section 40B; (l) the opinion of the assessor preparing a pre-sentence report for the offender in relation to an offence, and the basis for the opinion, about the following: (i) the offender’s attitude to the offence; (ii) the need to protect victims of the offence from violence or harassment by the offender; (iii) anything that may make the offender more likely to commit further offences; Examples—par (iii) 1 dependence on alcohol or a controlled drug 2 a gambling addiction 3 association with particular people (iv) the likelihood that the offender may commit further offences;

(v) whether it would be appropriate to refer the offender for restorative justice under the Crimes (Restorative Justice) Act 2004. Note See s 133E for additional pre-sentence report matters for young

40B Pre-sentence report matters—court alcohol and drug assessment service (1) This section applies if the offender is addicted to, or misuses, alcohol or a controlled drug. (2) Before sentencing the offender, a court may order that the offender— (a) be assessed by the court alcohol and drug assessment service (CADAS); and (b) comply with any treatment, referral to treatment or monitoring by CADAS as a result of the assessment. (3) A court must not make an order under subsection (2) without the offender’s consent. (4) In making an order under subsection (2), the court may also order that the offender comply with any reasonable direction given by the director-general of the administrative unit responsible for the administration of the Corrections Management Act 2007 in relation to the assessment, treatment, referral or monitoring. (5) If the court makes an order under subsection (2), the court may make an order requiring a clinician from CADAS to appear before the court at the time and place stated in the order for the sentencing of the

41 Pre-sentence reports—order (a) the Magistrates Court— (ii) accepts an offender’s guilty plea for an offence; or (b) the Magistrates Court commits an offender to the Supreme Court for sentence; or Note The Magistrates Court may commit a person to the Supreme Court for sentence under the Magistrates Court Act 1930, s 92A. (c) the Supreme Court— (ii) accepts an offender’s guilty plea for an offence. (2) If subsection (1) (b) applies—the Magistrates Court may— (a) order a pre-sentence report in relation to the offender; and (b) order the director-general to provide a copy of the report to the Supreme Court or any other person. (3) If subsection (1) (a) or (c) applies—the court may— (a) order a pre-sentence report in relation to the offender; and (b) adjourn the proceeding for the report to be prepared; and (c) order the director-general to provide a copy of the report to the court or any other person. Note If a form is approved under the Court Procedures Act 2004 for an order under this section, the form must be used (see that Act, s 8 (2)).

(4) However, the court must order the director-general to prepare a pre-sentence report before sentencing the offender to serve all or any part of a sentence by— (a) community service work under a good behaviour order; or (b) undertaking a rehabilitation program under a good behaviour (5) The court order for the preparation of a pre-sentence report may state 1 or more pre-sentence report matters, or any other matter, that the report must address. (6) Subsection (4) (b) does not apply if relevant sentencing information, under section 97 (Good behaviour orders—rehabilitation programs— suitability), is already before the court. (7) The director-general must arrange for an assessor to prepare a pre-sentence report ordered by the court. (a) for a report about a young offender—the CYP director-general; and (b) for any other report—the director-general responsible for this Act.

42 Pre-sentence reports by assessors (1) A pre-sentence report must address— (a) each pre-sentence report matter, or any other matter, stated in the court order for the report; and (b) any other pre-sentence report matter, or any other matter, that, on investigation, appears to the assessor to be relevant.

(2) If a court order directs that a pre-sentence report deal with an offender’s suitability for a deferred sentence, the report must also— (a) address the matters mentioned in section 116 (1) (Deferred sentence orders—eligibility); and (i) the offender’s suitability for a deferred sentence; and (ii) any condition that might be included in a deferred sentence (3) If a court order directs that a pre-sentence report deal with an offender’s suitability for serving all, or any part, of a sentence by community service work under a good behaviour order, the report must also— (a) address the matters mentioned in section 90 (Good behaviour orders—community service—pre-sentence report matters); and (i) the offender’s suitability for serving all or any part of a sentence by community service work under a good behaviour order; and (ii) any condition that might be appropriate for a community service condition. (4) If a court order directs that a pre-sentence report deal with an offender’s suitability for serving all, or any part, of a sentence by undertaking a rehabilitation program under a good behaviour order, the report must also— (a) address the matters mentioned in section 98 (Good behaviour orders—rehabilitation programs—pre-sentence report matters); and

(i) the offender’s suitability for serving all or any part of a sentence by undertaking a rehabilitation program under a good behaviour order; and (ii) any condition that might be appropriate for a rehabilitation program condition.

43 Pre-sentence reports—powers of assessors (1) In preparing the pre-sentence report for the offender, the assessor— (a) may conduct any investigation the assessor considers appropriate; and (b) may ask any of the following to provide information: (iv) for a report for a young offender—a parent or anyone else who has parental responsibility for the young offender under the Children and Young People Act 2008; (v) for a report for an offender to be sentenced for a family violence offence—an approved crisis support organisation under the Domestic Violence Agencies Act 1986; (vi) a victim of the offence; (vii) any other entity. (2) However, an assessor may make a request under subsection (1) (b) (iv) in relation to a young offender who is an adult only with the young offender’s consent.

(3) If an entity mentioned in subsection (1) (b) (i), (ii) or (iii) is asked to provide information, the entity must promptly comply with the request. (4) If an entity gives information honestly and with reasonable care in (5) This section does not limit any other power of the assessor to obtain information for the purposes of the pre-sentence report. (6) A regulation may make provision in relation to— (a) the preparation and provision of pre-sentence reports; and (b) the conduct of assessments of an offender’s suitability for a deferred sentence order or to serve a particular kind of sentence (including a kind mentioned in section 41 (4) (Pre-sentence reports—order)).

44 Pre-sentence reports—provision to court The pre-sentence report may be given to the court either orally or in writing.

46 Pre-sentence reports—cross-examination (1) The prosecutor and the defence may cross-examine the assessor on the pre-sentence report given to the court by the assessor.

Part 4.2A Intensive correction assessments

46A Meaning of assessor—pt 4.2A (a) a public servant whose functions include preparing intensive correction assessments; or

46B Application—pt 4.2A This part applies if either of the following applies to a person (the offender): (a) a court finds the offender guilty of an offence; (b) the offender indicates to a court an intention to plead guilty to an offence.

46C Intensive correction assessments—order (a) the Magistrates Court— (ii) accepts an offender’s guilty plea for an offence; or (b) the Magistrates Court commits an offender to the Supreme Court for sentence; or Note The Magistrates Court may commit a person to the Supreme Court for sentence under the Magistrates Court Act 1930, s 92A.

(c) the Supreme Court— (ii) accepts an offender’s guilty plea for an offence. (2) If subsection (1) (b) applies, the Magistrates Court may— (a) order an intensive correction assessment in relation to the (b) order the director-general to provide a copy of the assessment to the Supreme Court or any other person. (3) If subsection (1) (a) or (c) applies, the court may— (a) order an intensive correction assessment in relation to the (b) adjourn the proceeding for the assessment to be prepared; and (c) order the director-general to provide a copy of the assessment to the court or any other person. (4) However, the court must order the director-general to prepare an intensive correction assessment before sentencing the offender to a sentence of imprisonment by intensive correction. (5) The director-general must arrange for an assessor to prepare an intensive correction assessment ordered by the court. (6) The intensive correction assessment must address the matters mentioned in section 46D.

46D Intensive correction orders—intensive correction assessment matters For section 46C (6), the matters for assessing the offender’s suitability to serve a sentence by intensive correction order are the matters mentioned in table 46D, column 2. Table 46D Assessment of suitability—intensive correction order item major psychiatric or psychological disorder 3 medical condition potential unfitness to comply with an intensive correction order 4 criminal record and response to previous serious criminal record or substantial noncompliance with previous court orders potential impracticability of compliance with intensive correction order 6 participation and with intensive correction assessment

item 7 living circumstances of the offender member of the offender’s household does not consent to living with the offender while the offender is serving intensive correction someone with parental responsibility or guardianship for a person who is a member of the offender’s household does not consent to the person living with the offender while the offender is serving intensive correction residence outside the ACT may make administration of an intensive correction order, or the offender’s compliance with an intensive correction order, impracticable

46E Intensive correction assessments—powers of assessors (1) In preparing the intensive correction assessment for the offender, the assessor may— (a) conduct any investigation the assessor considers appropriate; and (b) ask any of the following to provide information:

provide information, the entity must promptly comply with the request. information for the purpose of the intensive correction assessment. provision of intensive correction assessments.

46F Intensive correction assessments—provision to court The intensive correction assessment may be given to the court either orally or in writing.

46G Intensive correction assessments—cross-examination (1) The prosecutor and the defence may cross-examine the assessor on the intensive correction assessment given to the court by the assessor.

Part 4.2B Drug and alcohol treatment assessments

46H Meaning of assessor—pt 4.2B (a) a public servant whose functions include preparing drug and alcohol treatment assessments; or

46I Application—pt 4.2B (1) This part applies if— (a) either of the following applies to a person who is an adult (the offender): (i) the offender pleads guilty to an offence; (ii) the offender indicates to the court an intention to plead guilty to an offence; and (b) the offence is an eligible offence. eligible offence—see section 12A (9).

Drug and alcohol treatment assessments Part 4.2B

46J Drug and alcohol treatment assessments—order (1) This section applies if the court is considering whether to make a drug and alcohol treatment order for an offender. (2) The court may— (a) order an assessment of the offender (a drug and alcohol treatment assessment); and (b) adjourn the proceeding for the assessment to be prepared; and (c) order the responsible director-general to provide a copy of the assessment to the court or any other person. (3) However, the court must order the responsible director-general to prepare the drug and alcohol treatment assessment before making a drug and alcohol treatment order. (4) The responsible director-general must arrange for an assessor to prepare a drug and alcohol treatment assessment ordered by the court. (5) The drug and alcohol treatment assessment must address the matters mentioned in section 46K. responsible director-general means 1 or both of the following: (a) the health director-general; (b) the director-general responsible for this Act.

46K Drug and alcohol treatment assessments—drug and alcohol treatment assessment matters For section 46J (5), the matters for assessing the offender’s suitability to comply with a drug and alcohol treatment order are the matters mentioned in table 46K, column 2. Table 46K Assessment of suitability—drug and alcohol treatment order item unlikely to change under drug and alcohol treatment major psychiatric or psychological disorder likely to prevent compliance with a drug and alcohol treatment 3 medical condition medical condition likely to prevent compliance with a drug and alcohol treatment order 4 criminal record and response to previous serious criminal record or substantial noncompliance with previous court orders potential impracticability of compliance with a drug and alcohol treatment order 6 participation and with drug and alcohol treatment assessment 7 living circumstances of the offender inability or refusal to live in ACT member of offender’s household does not consent to living with the offender while the offender is subject to a drug and alcohol treatment order

Drug and alcohol treatment assessments Part 4.2B

46L Drug and alcohol treatment assessments—powers of assessors (1) In preparing the drug and alcohol treatment assessment for the offender, the assessor may— (a) investigate any matter the assessor considers appropriate; and (b) ask any of the following to provide information for the purpose of the assessment: provide information, the entity must comply with the request as soon as practicable.

information for the purpose of the drug and alcohol treatment assessment. provision of drug and alcohol treatment assessments.

46M Drug and alcohol treatment assessments—provision to court The drug and alcohol treatment assessment may be given to the court either orally or in writing.

46N Drug and alcohol treatment assessments— cross-examination (1) The prosecutor and the defence may cross-examine the assessor who prepared the drug and alcohol treatment assessment given to the

47 Definitions—pt 4.3 because of, an offence, means— (a) as a result of, or in the course of, the commission of the offence; or (b) in the course of assisting a police officer in the exercise of the officer’s power to arrest a person for the offence or to take action to prevent the offence. harm includes— (a) physical injury; and (b) mental injury or emotional suffering (including grief); and (c) pregnancy; and (d) economic loss; and (e) substantial impairment of rights accorded by law. victim, of an offence, means— (a) a person (a primary victim) who suffers harm because of the offence; or (b) if a primary victim dies because of the offence—a person who was financially or psychologically dependent on the primary victim immediately before the primary victim’s death. victim impact statement, for an offence, means a statement made by or for a victim of the offence that contains details of any harm suffered by the victim because of the offence.

48 Application—pt 4.3 This part applies in relation to an offence if the offence is— (a) an offence punishable by imprisonment for longer than 1 year; or (b) another offence prescribed by regulation.

49 Victim impact statements—who may make (1) The following people may make a victim impact statement for the offence: (a) a victim of the offence; (b) a person who has parental responsibility for a victim of the offence; (c) a close family member of a victim of the offence; (d) a carer for a victim of the offence; (e) a person with an intimate personal relationship with a victim of the offence. parental responsibility—see the Children and Young People Act 2008, division 1.3.2.

50 Victim impact statements—oral or written A victim impact statement for the offence may be made as— (a) a written statement signed by or for a victim of the offence; or (b) a statement given orally in court by or for a victim of the offence.

51 Victim impact statements—form and contents (1) A victim impact statement for the offence must identify the victim to whom it relates. (2) The statement must include the full name of the person who makes the statement. (3) If the person who makes the statement is not the victim (or the victim’s representative)— (a) the statement must indicate that the victim does not object to the statement being made to the court; and (b) if practicable, the victim (or representative) must sign the statement, or make a separate written or oral statement to the court, to verify that the victim does not object. (4) If the victim to whom the statement relates is not a primary victim, the statement must identify the primary victim and state the nature and length of the victim’s relationship with the primary victim. (5) If the statement is made by a person who is not the victim, the statement must indicate the nature and length of the person’s relationship with the victim. (6) The statement may contain photographs, drawings or other images. (7) The statement must not contain anything that is offensive, threatening, intimidating or harassing. (8) This section does not prevent a victim impact statement being made by or for more than 1 victim.

51A Victim impact statements—adjournment of proceeding to allow preparation (1) If the prosecution in a sentencing proceeding for a serious offence requests an adjournment for the preparation of a victim impact statement, the court must grant the adjournment for a reasonable period to allow the statement’s preparation.

(2) However, the court must not adjourn the proceeding if satisfied that special circumstances justify refusing the adjournment. serious offence means an offence punishable by imprisonment for longer than 5 years.

52 Victim impact statements—use in court (1) A victim impact statement may be— (a) tendered to the court; or (b) made orally in court; or (c) read out in court by the person who made the statement or someone else (whether or not the statement is tendered to the court). (2) The statement may be given when the court considers appropriate— (a) after any of the following: (i) the offender has pleaded guilty to the offence; (ii) the court has found the offence proved; (iii) the offender has been found guilty or convicted of the offence; and (b) before the offender is sentenced. (3) The court must allow the statement to be read out in court if the maker of the statement wishes the statement to be given to the court in that way. (4) Subsection (5) applies to a maker of a statement, if a special requirement for giving evidence— (a) applied to the maker giving evidence in the proceeding to which the statement relates; or

(b) would have applied to the maker had the maker given evidence in the proceeding. (5) If the maker of the statement wishes, the special requirement applies to the maker reading out the maker’s statement in court as if the maker were a witness giving evidence in the proceeding. special requirement, for giving evidence, means any of the following provisions under the Evidence (Miscellaneous Provisions) Act 1991: (a) part 2.2 (Evidence of children—audiovisual links); (b) division 4.3.2 (Special requirements—general); (c) division 4.3.5 (Giving evidence by audiovisual link); (d) section 101 (Child or witness with disability may have support person in court); (e) section 102 (Witness with vulnerability may give evidence in closed court).

53 Victim impact statements—effect (1) In deciding how the offender should be sentenced (if at all) for the offence, the court— (a) must consider any victim impact statement given to the court in relation to the offence; and (b) must not draw any inference about the harm suffered by a victim from the fact that a victim impact statement is not given to the court in relation to the offence. (2) A victim impact statement must not be given in writing to the court unless— (a) the statement is made in accordance with section 51 (Victim impact statements—form and contents); and

(b) a copy of the statement has been given to the defence. Note The Evidence (Miscellaneous Provisions) Act 1991, ch 6A deals with cross-examination of the maker of a victim impact statement. given includes made orally in court or read out in court under this part.

Part 4.4 Taking additional offences into account

54 Definitions—pt 4.4 additional offence—see section 55. list of additional offences—see section 55. principal offence—see section 55. sentence-related order—see section 55.

55 Application—pt 4.4 (1) This part applies if— (a) an offender has been convicted or found guilty of an offence (the principal offence); and (b) none of the following orders (each of which is a sentence-related order) have been made for the offence: (i) an order imposing a penalty on the offender; (ii) a deferred sentence order; (iii) a non-conviction order; (iv) a suspended sentence order; and (c) the prosecutor files in the court sentencing the offender a document (the list of additional offences) that lists other offences (each of which is an additional offence) allegedly committed by the offender. (2) However, this part does not apply in relation to an offence punishable by life imprisonment.

56 List of additional offences (1) The list of additional offences must— (a) indicate that the offences listed are offences that the offender wants the court to take into account in making a sentence-related order for the principal offence; and (b) be signed by the director of public prosecutions and the (2) A copy of the list of additional offences must be given to the offender.

57 Outstanding additional offences taken into account in (1) Before making a sentence-related order for the principal offence, the court must ask the offender whether the offender wants the court to take any of the additional offences into account in relation to the (2) The court may take an additional offence into account in making a sentence-related order for the principal offence if— (a) the offender admits guilt to the additional offence; and (b) the offender confirms that the offender wants the additional offence to be taken into account by the court in relation to the principal offence; and (c) the prosecutor consents to the additional offence being taken into account. (3) If the court takes an additional offence into account in relation to the principal offence, any penalty imposed for the principal offence must not exceed the maximum penalty the court could have imposed for the principal offence if the additional offence had not been taken into account.

(4) The court may not take an additional offence into account if the court does not have jurisdiction to make a sentence-related order for the (5) For subsection (4), the court is taken to have jurisdiction to make a sentence-related order for an additional offence even if the jurisdiction may only be exercised with the offender’s consent. (6) To remove any doubt, subsection (4) does not prevent the Supreme Court from taking a summary offence into account.

58 Ancillary orders relating to offences taken into account in account in making a sentence-related order for the offender for the (2) The court may make any ancillary order that it could have made if it had convicted the offender of the additional offence when it took the offence into account. (3) To remove any doubt, the court may not make a separate sentence-related order for the additional offence. (4) The offender has the same rights of appeal in relation to the making of the ancillary order as the offender would have had if the order had been made on the conviction of the offender for the additional (5) This section is subject to section 134 (Operation of ancillary and restitution orders). ancillary order—see section 18 (5).

59 Consequences of taking offences into account in account for the principal offence. (2) The court must certify, on the list of additional offences, that the additional offence has been taken into account. (3) A proceeding must not be started or continued in relation to the additional offence unless the conviction or finding of guilt for the principal offence is reversed or set aside. (4) Subsection (3) does not prevent the court from taking the additional offence into account if the court, on a later occasion, makes another sentence-related order for the offender, or re-sentences the offender, for the principal offence. (5) The offender’s admission of guilt in relation to the additional offence is not admissible in evidence in a proceeding in relation to— (a) the additional offence; or (b) any other offence mentioned in the list of additional offences. (6) The offender is not, for any purpose, taken to have been convicted or found guilty of the additional offence only because the additional offence is taken into account.

60 Evidence of offences taken into account in sentencing account in making a sentence-related order for the offender for the (2) The fact that the additional offence has been taken into account is admissible in a criminal proceeding if— (a) the fact that the offender has been convicted or found guilty of the principal offence is admissible in the proceeding; and

(b) had the offender been convicted or found guilty of the additional offence, that fact would have been admissible in the proceeding. (3) For subsection (2), a fact is admissible in a criminal proceeding if— (a) reference may be made to the fact in the proceeding; or (b) evidence may be given of the fact in the proceeding. (4) The fact that the additional offence has been taken into account may be proved in the same way as the finding of guilt or conviction for the

Part 4.5 Correction and adjustment of penalties Part 4.5 Correction and adjustment of penalties 61 Reopening proceedings to correct penalty errors (1) This section applies to a criminal proceeding (including a proceeding on appeal) in which a court has— (a) made a sentence-related order that is contrary to law; or (b) failed to make a sentence-related order that is required to be made by law. (2) This section applies whether or not anyone has been convicted or found guilty of an offence in the proceeding. (3) The court may reopen the proceeding (on the application of a party to the proceeding, or on its own initiative) and may, after giving the parties an opportunity to be heard, do either or both of the following: (a) make a sentence-related order that is in accordance with law; (b) amend any relevant finding of guilt, conviction, sentence or (4) For this section, the court may issue a warrant for the arrest of a person charged in the proceeding if— (a) the court considers that the person will not appear unless the warrant is issued; or (b) the person fails to appear when the court calls on the person to appear. (5) For an appeal under any Act against a sentence-related order made under this section, the time within which the appeal must be made starts on the day the order is made. (6) However, this section does not otherwise affect any right of appeal.

Correction and adjustment of penalties Part 4.5 sentence-related order— (a) see section 55 (Application—pt 4.4); and (b) includes an ancillary order within the meaning of section 58 (Ancillary orders relating to offences taken into account in sentencing).

Part 4.6 Sentencing—schedule offence with criminal group

61A Objects—pt 4.6 (1) The objects of this part are— (a) to acknowledge that the community regards activities of criminal organisations as a serious and harmful threat to community safety; and (b) to deter the commission of offences connected with criminal groups in a way that is consistent with human rights. (2) The objects are achieved by increasing the maximum penalty for certain offences found to have been committed in connection with a criminal group or while associated with a criminal group.

61B Definitions—pt 4.6 court means— (a) the Magistrates Court; or (b) the Supreme Court. criminal intelligence means information relating to actual or suspected conduct that constitutes an indictable offence, whether in the ACT or elsewhere, that if disclosed could reasonably be expected to result in any of the following: (a) prejudice to a criminal investigation; (b) the discovery of the existence or identity of a confidential source of information relevant to law enforcement; (c) a risk to the safety of any person.

General Division 4.6.1 offender means an adult who has been found guilty of, or pleaded guilty to, a schedule offence. schedule offence means an offence mentioned in schedule 1, column 2 under a section mentioned in column 3.

61C Meaning of criminal group—pt 4.6 (1) In this part: criminal group means a group operating in the ACT or elsewhere that has as an objective— (a) engaging in conduct that constitutes an indictable offence, including directing, planning, facilitating, supporting or carrying out the conduct; or (b) obtaining for the group, someone in the group or someone else, a material benefit from conduct engaged in, in the ACT or elsewhere that, if it occurred in the ACT, would constitute an indictable offence under a territory law. group means a group of 2 or more people, however structured, regardless of— (a) where the group is based; or (b) where a person involved in the group ordinarily lives; or (c) whether the people involved in the group changes from time to time; or (d) whether only some of the people involved in the group plan, organise or carry out a particular activity.

61D Application—pt 4.6 This part applies only to a schedule offence committed after the commencement of the part.

61F Schedule offence and criminal group—application (1) The director of public prosecutions may apply to a court for a decision that an offender committed a schedule offence— (a) in connection with a criminal group; or (b) while associated with a criminal group. (2) However, the application may only be made if the director of public prosecutions gives the court oral notice of the proposed application immediately after the offender was found guilty of, or pleaded guilty to, the schedule offence. (3) The application must— (a) be in writing; and (b) identify the offender; and (c) set out information in support of the application. (4) The application must be filed in the court within 7 days after the day the offender was found guilty of, or pleaded guilty to, the schedule offence, or any longer period allowed by the court. (5) The director of public prosecutions must serve a copy of the application, with any supporting affidavit, on the offender as soon as reasonably practicable after the application is filed. (6) However, subsection (5) does not require the director to disclose criminal intelligence.

61G Schedule offence and criminal group—offender’s response (1) An offender who is the subject of an application under section 61F may file a response.

Schedule offence—criminal group Division 4.6.2 (2) The response (if any) must be filed within 14 days after the offender was served with the application.

61H Schedule offence and criminal group—when application must be heard and decided (1) An application under section 61F must be heard and decided before the offender is sentenced for the schedule offence. (2) The court must tell the offender about the effect of section 61K before the court begins deciding whether the offender committed the schedule offence— (a) in connection with a criminal group; or (b) while associated with a criminal group.

61I Court decision—in connection with criminal group (1) On application under section 61F (1) (a), the court must decide whether the offender committed the schedule offence in connection with a criminal group. (2) The court may be satisfied the offender committed the schedule offence in connection with a criminal group if the offender committed the offence— (a) for the benefit of the criminal group or at least 2 people in the group; or (b) at the direction of a person in the criminal group; or (c) to further the objectives of the criminal group. (3) When making the decision, the court must— (a) apply the rules of evidence; and (b) be satisfied beyond reasonable doubt.

(4) The court must record the reasons for its decision only if the court decides that the offender committed the schedule offence in connection with a criminal group. (5) Failure to comply with subsection (4) does not invalidate the decision or the sentence the court imposes on the offender.

61J Court decision—while associated with criminal group (1) On application under section 61F (1) (b), the court must decide whether the offender committed the schedule offence while associated with a criminal group. (2) The court may be satisfied that the offender committed the schedule offence while associated with a criminal group if— (a) the offender— (i) recruited people to support or participate in the criminal group; or (ii) engaged in conduct that supported the criminal group; or (iii) occupied a position of management or leadership in the criminal group; or (iv) was able to direct the activities of the criminal group; or (b) the offender identified themselves in some way as being associated with the criminal group even if the offender was not— (i) a member of the group; or (ii) recognised as associated with the group by the group or a member of the group. (3) When making the decision, the court must— (a) apply the rules of evidence; and (b) be satisfied beyond reasonable doubt.

Criminal group—criminal intelligence Division 4.6.3 (4) The court must record the reasons for its decision only if the court decides that the offender committed the schedule offence while associated with the criminal group. (5) Failure to comply with subsection (4) does not invalidate the decision or the sentence the court imposes on the offender.

61K Maximum penalty for schedule offence (1) If a court decides that a schedule offence was committed by an offender in connection with a criminal group, the maximum penalty for the offence is increased by 25% of the stated penalty. (2) If a court decides that a schedule offence was committed by an offender while associated with a criminal group, the maximum penalty for the offence is increased by 10% of the stated penalty. stated penalty, for a schedule offence, means the maximum penalty stated in a law for the offence, other than this section.

61L Disclosure of criminal intelligence Information that the chief police officer classifies as criminal intelligence must not be disclosed for this part to anyone other than the director of public prosecutions or a court.

61M Court must decide whether classified information is criminal intelligence (1) If information classified by the chief police officer as criminal intelligence is proposed to be used in a proceeding on application under section 61F, the director of public prosecutions must apply to the court for a decision about whether the information is criminal

(2) The application need not be served on anyone unless the court otherwise orders on its own initiative. (3) The court must decide whether the information is, or is not, criminal (4) If the court proposes to decide that the information is not criminal intelligence, the director of public prosecutions must be told about the proposal and given the opportunity to withdraw the information from the proceeding. (5) The application must be heard in closed court.

61N Confidentiality of criminal intelligence (1) This section applies if a court (on appeal or otherwise)— (a) deals with the question of whether information classified by the chief police officer as criminal intelligence is criminal intelligence; or (b) finds that information is criminal intelligence, and the information is not withdrawn. (2) The court must maintain the confidentiality of the information. (3) The court may take any steps it considers appropriate to maintain the confidentiality of the information. (4) The court must not give any reason for making a finding in relation to the information, other than public interest. (5) However, if the court finds that information is not criminal intelligence, and the information is not withdrawn— (a) the court need not maintain the confidentiality of the information and may give reasons for the finding; and (b) any other court need not maintain the confidentiality of the information and may give reasons for making a finding in relation to the information.

Criminal group—criminal intelligence Division 4.6.3 (6) This section is subject to section 61O.

61O Disclosure of criminal intelligence to offender (a) criminal intelligence is proposed to be used in a proceeding for the sentencing of an offender for a schedule offence; and (b) the director of public prosecutions does not withdraw the (2) The court must hear submissions from the director of public prosecutions and the defence about whether access to the criminal intelligence should be given to the defence. (3) If the court is satisfied that the defence must be given access to the criminal intelligence, the court may order access to the intelligence in a form and on any condition the court considers appropriate. (4) However, if the director of public prosecutions objects to access being given to the defence or the form or any condition of that access, the director may withdraw the information from the proceeding before the defence has access to the intelligence.

Part 5.1 Imprisonment—start and end of sentences Part 5.1 Imprisonment—start and end of 62 Start and end of sentences—general rule (1) A sentence of imprisonment starts— (a) on the day the sentence is imposed; or (b) if an offender is not in custody—on the day the offender becomes subject to lawful custody. (2) However, subsection (1) is subject to— (a) the following provisions of this Act: (i) section 31 (Combination sentences—start and end); (ii) section 63 (Start of sentences—backdated sentences); (iii) part 5.3 (Imprisonment—concurrent and consecutive sentences); and (b) the Crimes (Sentence Administration) Act 2005. (3) A sentence of imprisonment that starts on a day starts at the beginning of that day. (4) A sentence of imprisonment that ends on a day ends at the end of that day. sentence of imprisonment does not include a sentence of imprisonment that is fully suspended.

Imprisonment—start and end of sentences Part 5.1

63 Start of sentences—backdated sentences (1) The court may direct that a sentence of imprisonment is taken to have started on a day before the day the sentence is imposed. (2) For subsection (1), the court must take into account any period during which the offender has already been held in custody in relation to the (3) However, subsection (2) does not apply to— (a) a period of custody of less than 1 day; or (b) a sentence of imprisonment of less than 1 day; or (c) a sentence of imprisonment that is fully suspended; or (d) the suspended part of a partly suspended sentence of (4) If the offender is charged with a series of offences committed on different occasions and has been in custody continuously since arrest, the period of custody for subsection (2) must be worked out from the time of the offender’s arrest. (5) Subsection (4) applies even if the offender is not convicted or found guilty of— (a) the offence for which the offender was first arrested; or (b) any particular offence or offences in the series.

Part 5.2 Imprisonment—nonparole periods

64 Application—pt 5.2 (1) This part applies to the following: (a) a sentence of imprisonment imposed by a court on an offender for an offence, other than an excluded sentence of imprisonment; (b) full-time detention ordered under the Crimes (Sentence Administration) Act 2005, section 65 (2) (b). Note Under the Crimes (Sentence Administration) Act 2005, s 65 (2), an offender’s intensive correction order may be cancelled, and a court may order any remaining sentence of the offender to be served by full-time detention. excluded sentence of imprisonment means— (a) a sentence of imprisonment that is fully suspended; or (b) a sentence of imprisonment suspended under the custodial part of a drug and alcohol treatment order; or (c) a sentence of imprisonment to be served by intensive correction; or (d) a sentence of imprisonment imposed in default of payment of a fine; or (e) a sentence of life imprisonment, other than a sentence— (i) that was imposed by a court of a State or another Territory; and (ii) in relation to which a parole order is registered under the Crimes (Sentence Administration) Act 2005, section 167 (Parole order transfer—registration); or

Imprisonment—nonparole periods Part 5.2 (f) a sentence of imprisonment imposed on a young offender. fine—see the Crimes (Sentence Administration) Act 2005, section 116A.

65 Nonparole periods—court to set (1) This section applies if the court sentences the offender to a term of imprisonment of 1 year or longer, or 2 or more terms of imprisonment that total 1 year or longer. (2) The court must set a period (a nonparole period) during which the offender is not eligible to be released on parole. Note If the offender is released on parole, the sentence is not discharged unless the parole is completed without the parole order being cancelled (see Crimes (Sentence Administration) Act 2005, s 140 and s 160). (3) When the court sets the nonparole period, the court must state when the nonparole period starts and ends. Note A sentence may be backdated to account for time already held in custody (see s 63). (4) However, the court may decline to set a nonparole period in sentencing the offender if the court considers that it would be inappropriate to set a nonparole period having regard to the nature of the offence or offences and the offender’s antecedents. (5) If the offender is subject to a sentence of life imprisonment, the court must not set a nonparole period for any sentence of imprisonment that is imposed on the offender unless— (a) the sentence of life imprisonment to which the offender is subject was imposed by a court of a State or another Territory; and (b) a parole order for the sentence of life imprisonment is registered under the Crimes (Sentence Administration) Act 2005, section 167 (Parole order transfer—registration).

(6) If the sentence of imprisonment is partly suspended, the period for which it is suspended must be disregarded for this section.

66 Nonparole periods—setting if sentence currently being served (a) the offender is serving a sentence of imprisonment (the existing sentence); and (b) the offender is sentenced to a further term of imprisonment (the primary sentence). Note Pt 5.3 deals with whether the primary sentence is to be served concurrently or consecutively (or partly concurrently and partly consecutively) with the existing sentence. (2) Section 65 (Nonparole periods—court to set) applies as if the court that imposes the primary sentence had sentenced the person to imprisonment for a term equal to the total of the terms of the existing sentence and the primary sentence. (3) The imposition of the primary sentence automatically cancels any nonparole period set for the existing sentence. (4) Any nonparole period set for the primary sentence must not make the offender eligible to be released on parole earlier than if the primary sentence had not been imposed.

67 Nonparole periods—recommended conditions In sentencing the offender to imprisonment, the court may recommend conditions for the offender’s parole. Note The sentence administration board must have regard to any condition recommended by the sentencing court (see Crimes (Sentence Administration) Act 2005, s 130 (3)).

Imprisonment—nonparole periods Part 5.2

67A Nonparole periods—appeals (1) If, on appeal, a court sets aside or amends a sentence of imprisonment imposed on an offender— (a) any nonparole period to which the offender is subject is automatically cancelled; and (b) this part applies in relation to the setting of any new nonparole period for the offender. (2) Despite subsection (1) (b), section 65 (4) does not apply if a court amends a sentence of imprisonment on appeal and a nonparole period applied to the sentence before the appeal.

68 Nonparole periods—review of decision on nonparole period (1) This section applies if the court fails to set, or fails to set properly, a nonparole period for a sentence of imprisonment. (2) The court may set a nonparole period on the application of any of the following people: (a) the Attorney-General; (b) the director of public prosecutions; (c) the secretary of the sentence administration board; (d) the offender.

Part 5.3 Imprisonment—concurrent and consecutive sentences Part 5.3 Imprisonment—concurrent and consecutive sentences Note The Crimes (Sentence Administration) Act 2005, part 7.5A (Parole time credit) may apply when a primary sentence is imposed on an offender for an offence that was committed while the offender was on parole.

69 Definitions—pt 5.3 existing sentence—see section 70 (1). fine—see the Crimes (Sentence Administration) Act 2005, section 116A. primary sentence—see section 70 (1).

70 Application—pt 5.3 (1) This part applies to a sentence of imprisonment (a primary sentence) imposed by a court on an offender if— (a) any of the following apply in relation to the offender: (i) when the primary sentence is imposed, the offender is serving another sentence of imprisonment (an existing sentence); (ii) the offender has been sentenced to another sentence of imprisonment (also an existing sentence) but, when the primary sentence is imposed, the other sentence has not yet started; (iii) the offender is sentenced to another sentence of imprisonment (also an existing sentence) in the same proceeding; and (b) the existing sentence is for an offence against a territory law; and

Imprisonment—concurrent and consecutive sentences Part 5.3 (c) the primary sentence is not fully suspended. sentence of imprisonment does not include any nonparole period that has been set for the primary sentence.

71 Concurrent and consecutive sentences—general rule (1) In the absence of a direction under subsection (2), the primary sentence must be served concurrently with the existing sentence. (2) The court may direct that the primary sentence be served consecutively (or partly concurrently and partly consecutively) with the existing sentence. (3) This section is subject to the following provisions: (a) section 38 (Sentences of imprisonment and uncompleted young offender orders); (b) section 72 (Concurrent and consecutive sentences—offences while in custody or unlawfully absent); (c) section 73 (Concurrent and consecutive sentences—fine default offences); (d) section 80 (Intensive correction orders—concurrent and consecutive periods).

72 Concurrent and consecutive sentences—offences while in custody or unlawfully absent (1) This section applies if the primary sentence is imposed on the offender for any of the following offences: (a) an offence committed while the offender was in lawful custody; (b) an offence committed while the offender was unlawfully absent from a correctional centre or other place during the term of the offender’s sentence of imprisonment;

Part 5.3 Imprisonment—concurrent and consecutive sentences (c) an offence involving an escape from lawful custody. Example of unlawful absence for par (b) the offender fails to return to a correctional centre as required after community service work or approved leave (2) In the absence of a direction under subsection (3), the primary sentence must be served consecutively with the existing sentence of (3) The court may direct that the primary sentence be served concurrently (or partly concurrently and partly consecutively) with the existing sentence. (4) Unless the court considers that special circumstances apply, the court must not give a direction under subsection (3) if the primary sentence is an offence that involves causing harm, or threatening to cause harm, to a corrections officer.

73 Concurrent and consecutive sentences—fine default offences (1) This section applies if the primary sentence is imposed in default of payment of a fine. (2) In the absence of a direction under subsection (3), the primary sentence must be served— (a) consecutively with an existing sentence in default of payment of a fine; and (b) concurrently with any other existing sentence. (3) The court may direct that the primary sentence be served concurrently or consecutively (or partly concurrently and partly consecutively) with the existing sentence.

Imprisonment—concurrent and consecutive sentences Part 5.3

74 Amendment of start of sentences on setting aside or amending other sentences (1) If a court sets aside or amends a sentence of imprisonment imposed on the offender (whether on appeal or otherwise), the court may amend the starting day of any other sentence that has been imposed on the offender by the court or another court. (2) If the offender is subject to 2 or more sentences, this section applies to each of them. (3) The court may amend the starting day of a sentence under this section on its own initiative, or the application of a party to the proceeding on the setting aside or amendment of the other sentence. (4) An appeal does not lie only because the starting day of a sentence is amended under this section. (5) The term of a sentence must not be amended under this section.

75 Previous sentences to be noted in new sentence (1) If the court imposes the primary sentence consecutively (or partly concurrently and partly consecutively) with an existing sentence, the court must include in the record of the primary sentence details of each existing sentence, including— (a) the starting day of the existing sentence (or the likely starting day of a sentence that has not yet started); and (b) the term of the existing sentence. (2) Failure to comply with this section does not invalidate the primary sentence or the existing sentence.

76 Application—pt 5.4 This part applies if a court is considering whether to make an intensive correction order for an offender for an offence.

Division 5.4.1 Intensive correction orders—eligibility and suitability

77 Intensive correction orders—eligibility (1) The court must not make an intensive correction order for the offender unless satisfied that— (a) an intensive correction order is suitable for the offender under section 78; and (b) it is appropriate for the offender to serve the sentence by intensive correction; and (c) the offender has given informed consent to serving the sentence by intensive correction. (2) An offender gives informed consent for subsection (1) (c) if the offender consents after the offender is given— (a) a clear explanation of the intensive correction order that contains sufficient information to enable the offender to make a balanced judgment about whether or not to consent to serve the sentence by intensive correction; and (b) an opportunity to ask any questions about the order, and those questions have been answered and the offender appears to have understood the answers. Note An intensive correction order may not be made for a young offender (see s 11).

Intensive correction orders—eligibility and suitability Division 5.4.1

78 Intensive correction orders—suitability (1) The court must not make an intensive correction order for the offender unless the court has considered— (a) a pre-sentence report, if any, prepared for the offender in the proceeding and is satisfied, having considered possible alternatives, that only a term of imprisonment of not more than 4 years is appropriate for the offender; and (b) an intensive correction assessment for the offender. Note The court cannot make an intensive correction order if the court sentences the offender to a term of imprisonment of more than 4 years (see s 11). (2) In deciding whether to make an intensive correction order for the (4) In considering the intensive correction assessment, the court must consider any indicators of unsuitability mentioned in table 46D, column 3 that are stated in the assessment to apply to the offender. (5) The court may make, or decline to make, an intensive correction order for the offender despite— (a) any recommendation in the intensive correction assessment; or correction assessment or a corrections officer.

Division 5.4.1 Intensive correction orders—eligibility and suitability (6) The court must record reasons for its decision to make, or decline to make, an intensive correction order for the offender if the intensive correction assessment recommends that the offender— (a) is suitable but the court decides not to make an intensive correction order for the offender; or (b) is not suitable but the court decides to make an intensive correction order for the offender.

80 Intensive correction orders—concurrent and consecutive periods (1) A court must not make an intensive correction order with intensive correction to be served concurrently or consecutively with a sentence of full-time imprisonment, a suspended sentence of imprisonment, a sentence of default imprisonment or a good behaviour order. (2) However, a court may make an intensive correction order with intensive correction to be served concurrently with a good behaviour (a) an offender is under a good behaviour order but not under a suspended sentence order; and (b) the offender is convicted of an offence that was committed before the offence to which the order relates. (3) If subsection (2) applies, the sentencing court may sentence the offender to serve a term of imprisonment by intensive correction to be served concurrently with the offender’s good behaviour order. (4) A court may also make an intensive correction order if— (a) an offender is under a suspended sentence order but not in full-time detention; and

Intensive correction orders—community service conditions Division 5.4.2 (b) the offender is convicted of an offence that was committed before the offence to which the order relates. (5) If the sentencing court makes an order under subsection (4), the court must cancel the offender’s suspended sentence order and re-sentence the offender to serve a term of imprisonment by intensive correction. Division 5.4.2 Intensive correction orders— community service conditions

80A Meaning of community service condition—div 5.4.2 In this division: community service condition, of an intensive correction order for an offender, means a condition included in the order that the offender perform community service work.

80B Application—div 5.4.2 This division applies if a court is considering whether to include a community service condition in an intensive correction order for an

80C Intensive correction orders—community service— (1) The court must not include a community service condition in the intensive correction order unless satisfied that— (a) community service work is suitable for the offender under section 80D; and (b) it is appropriate that the offender be required to perform community service work.

Division 5.4.2 Intensive correction orders—community service conditions (2) The court may decline to include a community service condition in the intensive correction order if— (b) the offender fails to comply with the direction.

80D Intensive correction order—community service— (1) The court must not include a community service condition in the intensive correction order unless an intensive correction assessment that addresses whether a community service condition is suitable for the offender is given to the court. (2) In deciding whether to include a community service condition in the intensive correction order, the court must consider the following: (3) Subsection (2) does not limit the matters the court may consider. (4) In considering the intensive correction assessment, the court must consider any of the following indicators of unsuitability that are stated in the assessment to apply to the offender: (a) any major problem with alcohol or a controlled drug; (b) any major psychiatric or psychological disorder; (c) any serious criminal record; (d) any potential impracticability of regular reporting for community service work;

Intensive correction orders—community service conditions Division 5.4.2 (e) any potential unfitness to perform community service work. (5) The court may include, or decline to include, a community service condition in an intensive correction order for the offender despite— (a) any recommendation in the intensive correction assessment about the offender’s suitability to serve a sentence (or a part of a sentence) by performing community service work; or correction assessment or a corrections officer. (6) The court must record reasons for its decision to include, or decline to include, a community service condition in the intensive correction order if the intensive correction assessment recommends that the offender— (a) is suitable but the court decides not to include a community service condition; or (b) is not suitable but the court decides to include a community service condition.

80E Intensive correction orders—community service—hours to be performed performed for a community service condition in the intensive correction order must be at least 20 hours and not more than 500 hours. be completed under the community service condition must be at least— (a) if less than 125 hours work is required—6 months; or

Division 5.4.3 Intensive correction orders—rehabilitation program conditions (b) if 125 or more hours work but less than 250 hours work is required—12 months; or (c) if 250 or more hours work is required—24 months.

80F Intensive correction orders—community service— community service condition under an intensive correction order or a good behaviour order (an existing order). (2) If the court makes a further intensive correction order that includes a community service condition (a new order), the court may direct that the hours of community service work to be performed by the offender under the new order run concurrently or consecutively, or partly concurrently and partly consecutively, with the hours of community service work remaining to be performed under the existing order. (3) However, the total of the hours to be performed under the new order and those remaining to be performed under the existing order must not be more than 500. Division 5.4.3 Intensive correction orders— rehabilitation program conditions

80G Definitions—div 5.4.3 In this division: rehabilitation program, for an intensive correction order, means a program prescribed by regulation for the rehabilitation of offenders. rehabilitation program condition, of an intensive correction order for an offender, means a condition included in the order that the offender undertake a rehabilitation program.

Intensive correction orders—rehabilitation program conditions Division 5.4.3

80H Application—div 5.4.3 This division applies if a court is considering whether to include a rehabilitation program condition in an intensive correction order for an offender.

80I Intensive correction orders—rehabilitation programs— intensive correction order unless satisfied that— (a) a rehabilitation program of a particular kind is suitable for the (b) it is appropriate that the offender undertake a rehabilitation program of that kind; and (c) a place for the offender in a program of that kind is available or will become available within a reasonable time. (2) The court may decline to include a rehabilitation program condition in the intensive correction order if— (a) the court directs the offender to undergo a medical examination by a doctor; and

80J Intensive correction orders—rehabilitation programs— intensive correction order unless— (a) an intensive correction assessment that addresses whether a rehabilitation program condition is suitable for the offender is given to the court; or

Division 5.4.3 Intensive correction orders—rehabilitation program conditions (b) there is some other information (relevant sentencing information) before the court about the nature of the program and its suitability for the offender that justifies including the condition in the intensive correction order. Note For an example of relevant sentencing information, see s 97 (1) (b) (Good behaviour orders—rehabilitation programs—suitability). (2) In deciding whether to include a rehabilitation program condition in the intensive correction order, the court must consider the following: (4) The court may include, or decline to include, a rehabilitation program condition in the intensive correction order despite— (a) any recommendation in the intensive correction assessment about the offender’s suitability to serve a sentence (or part of a sentence) by taking part in a rehabilitation program; or correction assessment for the offender or who gave relevant (c) any evidence given by a corrections officer. (5) The court must record reasons for its decisions to include, or decline to include, a rehabilitation program condition in the intensive correction order if the intensive correction assessment recommends that the offender— (a) is suitable but the court decides not to include a rehabilitation program condition; or

Intensive correction orders—rehabilitation program conditions Division 5.4.3 (b) is not suitable but the court decides to include a rehabilitation program condition.

80K Intensive correction orders—rehabilitation programs— maximum period A rehabilitation program condition included in the intensive correction order must not require the offender to take part in a rehabilitation program for longer than 2 years.

80L Intensive correction orders—rehabilitation programs— rehabilitation condition under an intensive correction order or a good behaviour order (an existing order). (2) If the court makes a further intensive correction order that includes a rehabilitation program condition (a new order), the court may direct that the new order operate concurrently or consecutively, or partly concurrently and partly consecutively, with the existing order. (3) However, the new order must not be stated to end later than 2 years after the day the new order is made, irrespective of when the order is to take effect.

Part 5.4A Drug and alcohol treatment

80M Definitions—pt 5.4A core conditions, of a treatment order—see section 80Y. member means— (a) in relation to the treatment and supervision team—an entity included in the team; and (b) in relation to the treatment order team—an entity included in the team. treatment and supervision team means the following entities: (b) the health director-general; (c) the director-general responsible for this Act; (d) an entity prescribed by regulation. treatment order obligations, of an offender subject to a treatment order—see section 80P. treatment order team means the following entities: (b) the director-general; (c) the health director-general; (d) the director of public prosecutions; (e) the legal aid commission;

Preliminary Division 5.4A.1 (f) the chief police officer; (g) an entity the court considers necessary to include in the team for a particular treatment order; (h) an entity prescribed by regulation. Examples of entity for par (g) 1 the director-general responsible for the Housing Assistance Act 2007 2 an Aboriginal and Torres Strait Islander representative 3 an entity that administers or provides services in relation to drug and alcohol treatment assessments or treatment orders 4 if the offender subject to a treatment order is legally represented other than as a result of a grant of legal aid—the lawyer representing the offender treatment program conditions, of a treatment order—see section 80Z.

80N Application—pt 5.4A This part applies if the court is considering making, or makes, a treatment order for an offender.

80O Objects of drug and alcohol treatment orders The objects of making a treatment order in relation to an offender is to— (a) facilitate the rehabilitation of the offender by providing a judicially supervised, therapeutically oriented and integrated treatment regime; and (b) reduce the offender’s dependency on alcohol or a controlled drug; and (c) reduce the health risks associated with the offender’s dependency on alcohol or controlled drugs; and (d) assist with the offender’s integration into the community; and

Division 5.4A.2 Drug and alcohol treatment orders—general (e) promote community safety by reducing the level of criminal activity caused by alcohol or controlled drug dependence in Division 5.4A.2 Drug and alcohol treatment orders— general

80P Drug and alcohol treatment orders—offender obligations The obligations of an offender subject to a treatment order (the treatment order obligations) are to comply with— (a) the core conditions and treatment program conditions of the order; and (b) an obligation created by any other order made by the court in relation to the treatment order.

80Q Court may make ancillary orders to achieve object of treatment order (1) The court may make any order that is not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005, that the court considers appropriate to achieve the object of a treatment order. (2) Without limiting subsection (1), the court may make an order— (a) rewarding the offender in 1 or more of the following ways: (i) decreasing how often the offender must undergo counselling, treatment or other supervision under the (ii) decreasing how often the offender must be tested for alcohol or drugs under the treatment order; (iii) another way prescribed by regulation; or

Drug and alcohol treatment orders—eligibility and suitability Division 5.4A.3 (b) sanctioning the offender in 1 or more of the following ways: (i) increasing how often the offender must undergo counselling, treatment or other supervision under the (ii) increasing how often the offender must be tested for alcohol or drugs under the treatment order; (iii) another way prescribed by regulation. Division 5.4A.3 Drug and alcohol treatment orders— eligibility and suitability

80R Application—div 5.4A.3 This division applies if the court is considering whether to make a treatment order when sentencing an offender for an offence.

80S Drug and alcohol treatment orders—eligibility The court must not make a treatment order for an offender unless satisfied that— (a) a treatment order is suitable for the offender under section 80T; and (b) it is appropriate for the offender to serve a sentence suspended in accordance with a treatment order; and (c) appropriate arrangements for the administration of a treatment order are practicable. Note A treatment order may not be made for a young offender (see s 8 and s 12A).

Division 5.4A.3 Drug and alcohol treatment orders—eligibility and suitability

80T Drug and alcohol treatment orders—suitability (1) The court must not make a treatment order for an offender unless the court has considered— (a) a pre-sentence report, if any, prepared for the offender in the proceeding; and (b) a drug and alcohol treatment assessment for the offender. (2) In deciding whether to make a treatment order for the offender, the court must consider the following: (a) any recommendations in the drug and alcohol treatment assessment; (c) any evidence given by an assessor who prepared the drug and alcohol treatment assessment; (d) any evidence given, or submission made, by a member of the treatment order team about the offender. (4) In considering the drug and alcohol treatment assessment, the court must consider any indicators of unsuitability mentioned in table 46K, column 3 that are stated in the assessment to apply to the offender. (5) The court may make, or decline to make, a treatment order for the offender despite— (a) any recommendation in the drug and alcohol treatment assessment; or (b) any evidence given by the person who prepared the drug and alcohol treatment assessment; or (c) any evidence given, or submission made, by a member of the treatment order team.

Drug and alcohol treatment orders—eligibility and suitability Division 5.4A.3 (6) The court must record reasons for its decision to make, or decline to make, a treatment order for the offender if the drug and alcohol treatment assessment recommends that the offender— (a) is suitable but the court decides not to make a treatment order for the offender; or (b) is not suitable but the court decides to make a treatment order for the offender.

80U Court may remit proceeding (a) the court declines to make a treatment order for a particular (b) the offence for which the offender is to be sentenced could have been dealt with summarily by the Magistrates Court; and (c) the offender was committed to the court only because the offender refused consent to the offence being dealt with summarily by the Magistrates Court. (2) The offender or the director of public prosecutions may apply to the court for an order to remit the proceeding for the offence to the Magistrates Court. (3) The court must make the order if it is satisfied that the offender refused consent to the offence being dealt with summarily for the purpose of seeking assessment for a treatment order. (4) The court may otherwise make the order if it is satisfied the order is in the interests of justice.

Division 5.4A.4 Drug and alcohol treatment orders—content (5) If the court makes an order under this section, the court must, as soon (6) Failure to comply with subsection (5) does not invalidate the order. Division 5.4A.4 Drug and alcohol treatment orders— content

80V Content of treatment orders A treatment order must— (a) state the offence to which the order relates; and (b) record the offender’s conviction for the offence; and (c) state the total period for which the order is in force; and (d) include— (i) a custodial part; and (ii) a treatment and supervision part; and (e) require the offender to sign an undertaking to comply with the order and any other obligations under the Crimes (Sentence Administration) Act 2005 for the period the order is in force. Note Words in the singular number include the plural (see Legislation Act, s 145 (b)).

Drug and alcohol treatment orders—custodial part Division 5.4A.5 Division 5.4A.5 Drug and alcohol treatment orders— custodial part

80W Custodial part of treatment orders (1) A treatment order must include a part (the custodial part) that— (a) imposes a sentence of imprisonment of a term mentioned in section 12A (1) (b); and (b) suspends the sentence of imprisonment as mentioned in section 12A (3), unless the court under this part either provisionally cancels the suspension or cancels the treatment (2) Despite section 65 (Nonparole periods—court to set), the court must not set a nonparole period for a sentence of imprisonment imposed on an offender under the custodial part of the treatment order. (3) A sentence of imprisonment suspended under the custodial part is to be served by full-time detention at a correctional centre only if the court makes an order under this part cancelling the treatment order and imposing the sentence of imprisonment. Note The court may cancel a treatment order and sentence an offender to full-time detention or decide to resentence an offender to a different sentence including full-time detention (see s 80ZB, s 80ZD and s 80ZE). (4) If the court makes an order under this part cancelling the treatment order and imposing a sentence of imprisonment, the court— (a) must state when the period of full-time detention starts and ends; and (b) despite section 65, may set a nonparole period for the period of full-time detention if the period of full-time detention is more than 30 days.

Division 5.4A.6 Drug and alcohol treatment orders—treatment and supervision part (5) Part 5.2 (Imprisonment—nonparole periods) applies to a nonparole period set under paragraph (4) (b) as if the nonparole period had been set under that part. Note Pt 5.2 deals with setting and review of nonparole periods. Division 5.4A.6 Drug and alcohol treatment orders— treatment and supervision part

80X Treatment and supervision part of treatment orders (1) A treatment order must include a part (the treatment and supervision part) that imposes the order’s— (a) core conditions; and (b) treatment program conditions. (2) The treatment and supervision part of a treatment order is in force for the period that— (a) starts when the treatment order is made; and (b) ends— (i) on a day stated by the court; or (ii) if the court earlier cancels the order, or the treatment and supervision part of the order—on the day of cancellation. (3) However, the treatment and supervision part of a treatment order must not end later than the day the custodial part of the order ends.

Drug and alcohol treatment orders—treatment and supervision part Division 5.4A.6

80Y Core conditions (1) The core conditions, of a treatment order, while the treatment and supervision part of the order is in force, are that an offender subject to the order— (a) must not commit another offence against a law in force in (b) if the offender is charged with an offence against a law in force in Australia or elsewhere—must tell the responsible director-general about the charge as soon as possible, but within 2 days after the day the offender becomes aware of the charge; and (c) must report to a member of the treatment and supervision team for the treatment order at the places and times directed by a member of the team; and (d) must receive visits from a member of the treatment and supervision team for the treatment order at the times directed by a member of the team; and (e) must submit to alcohol and drug testing under the Corrections Management Act 2007 when directed by a member of the treatment and supervision team for the treatment order; and (f) if the offender’s contact details change—must tell the responsible director-general about the change as soon as possible, but not later than 1 day after the day the offender becomes aware of the change of details; and (g) must not— (i) leave or stay outside the ACT without the permission of the court for a continuous period of more than 24 hours; and (ii) if the court grants the offender permission to leave or stay outside the ACT—fail to comply with any condition of the court’s permission; and

Division 5.4A.6 Drug and alcohol treatment orders—treatment and supervision part (h) must— (i) appear before the court at the times directed by the court; and (ii) comply with the directions of the court; and (i) must comply with any other reasonable direction of— (i) a member of the treatment and supervision team for the order; or (ii) a person prescribed by regulation. (2) The court must not amend a condition mentioned in subsection (1). contact details, of an offender, means the offender’s— (a) home address or phone number; and (b) work address or phone number; and (c) mobile phone number. responsible director-general means 1 or both of the following: (a) the health director-general; (b) the director-general responsible for this Act.