ACTIn ForceAct
Crimes (Sentencing) Act 2005
80Intensive correction orders—concurrent and consecutive
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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