ACTIn ForceAct
Crimes (Sentencing) Act 2005
57Outstanding additional offences taken into account in
Start here
Get a plain-English read of 57
Turn the raw legal text into a practical explanation grounded in Crimes (Sentencing) Act 2005.
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.