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Crimes (Sentencing) Act 2005
61ODisclosure of criminal intelligence to offender
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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