NSWIn ForceAct
Crimes (Sentencing Procedure) Act 1999
60BPower to impose provisional sentence
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#### 60B Power to impose provisional sentence
60B Power to impose provisional sentence
> > (1) A court that imposes a sentence on an offender for the offence of murder may impose a sentence for that offence as a provisional sentence if—
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> > > (a) the offender was less than 16 years of age when the offence was committed, and
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> > > (b) the offender is less than 18 years of age when the provisional sentence is imposed, and
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> > > (c) the sentence proposed to be imposed for the offence is or includes a term of imprisonment, and
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> > > (d) the court is of the opinion that it is not appropriate to impose an ordinary sentence on the offender because the information presently available does not permit a satisfactory assessment of whether the offender has or is likely to develop a serious personality or psychiatric disorder, or a serious cognitive impairment, such that the court cannot satisfactorily assess either or both of the following matters—
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> > > > (i) whether the offender is likely to re-offend,
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> > > > (ii) the offender’s prospects of rehabilitation.
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> > (2) A court may impose a sentence as a provisional sentence of its own motion or on application of a party to the proceedings.
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> > (3) A reference in this Division to a sentence for the offence of murder includes a reference to an aggregate sentence for the offence of murder and for one or more other offences.
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> **ss 60B–60I:** Ins 2013 No 7, Sch 1 \[1\].