Sentencing Act 1995

78D Offence against section 155A of Criminal Code involving assault ........................................................................................... 58 78DAA Offence against section 188A of Criminal Code – imprisonment ................................................................................. 59 78DAB Offence against section 188A of Criminal Code – community correction order ............................................................................. 59 78DA Offence against section 189A of Criminal Code – imprisonment ................................................................................. 59 78DBA Offence against section 189A of Criminal Code – community correction order ............................................................................. 60 78DB Exceptional circumstances exemption ........................................... 61 78F Imprisonment for sexual offences .................................................. 61 78P Interpretation ................................................................................. 62 79 Assessment orders ........................................................................ 62 80 Approved treatment facility orders ................................................. 63 81 Expiration of certain approved treatment facility orders ................. 65 82 Consent to treatment ..................................................................... 65 83 Treatment under this Part .............................................................. 66 84 Custody of admitted person ........................................................... 66 85 Variation of approved treatment facility orders .............................. 66 86 Breach of approved treatment facility orders ................................. 67 87 Application of this Division ............................................................. 67 88 Orders for restitution and compensation ........................................ 68 89 Reimbursement of costs of restoring property etc. ........................ 68 90 Making of order.............................................................................. 68 91 Application for order ...................................................................... 68

Sentencing Act 1995 v 92 Form of order ................................................................................. 69 93 Imprisonment for breach of order .................................................. 69 94 Extension of time of order .............................................................. 70 97 Orders not to affect other rights ..................................................... 70 97AA Definitions ...................................................................................... 70 97AB Court may issue certificate to victim .............................................. 70 97AC Content of certificate ...................................................................... 71 97A When court may make order ......................................................... 71 97B Explanation of order ...................................................................... 72 97C Commencement of order ............................................................... 72 97D Contravention of order ................................................................... 72 97E Variation of order on application .................................................... 73 97F Variation of order following conviction ........................................... 74 97G Order may not be extended by variation ........................................ 74 97H Certain information not to be published or broadcast .................... 74 98 Cancellation of driver's licence ...................................................... 75 99 Passport orders ............................................................................. 75 99A Forfeiture of property orders .......................................................... 76 Division 1 Conditions, requirements and signing of orders 100 Condition of order to undertake treatment program ....................... 77 101 Consent of offender to conditional order ........................................ 77 102 Explanation of orders ..................................................................... 77 102A Signing of orders ........................................................................... 77 Division 2 Information and reports before passing sentence 103 Assessment of offender before certain orders made ..................... 78 104 Information before passing sentence or making order................... 78 104A Special provisions regarding cultural information .......................... 78 105 Court may order pre-sentence report ............................................ 79 106 Contents of pre-sentence report .................................................... 79

Sentencing Act 1995 vi 106A Definitions ...................................................................................... 80 106B Victim impact statements and victim reports.................................. 81 107 Court may take alleged offences into account ............................... 82 107A Definitions ...................................................................................... 84 107B Aboriginal experience report .......................................................... 84 107C Law and Justice Group .................................................................. 85 107D Application for community court sentencing procedure ................. 86 107E Community court sentencing procedure ........................................ 86 107F Information in Aboriginal experience report and responses of Law and Justice Group .................................................................. 87 108 Time and place of sentence........................................................... 87 108A Stating and recording requirement for sentence after guilty plea ................................................................................................ 88 110 Sentences not invalidated by failure to comply with procedural requirements.................................................................................. 89 111 Correction of sentences by Supreme Court ................................... 89 112 Court may reopen proceeding to correct sentencing errors ........... 90 Part 8 Appeals against sentence imposed on variation or breach 113 Appeal against sentence imposed on variation or breach ............. 91 114 Remission of sentence by Administrator ....................................... 91 115 Release by Administrator in exercise of prerogative of mercy ....... 93 116 Penalties for offences may be remitted ......................................... 95 117 Offender to be before court when sentence imposed .................... 95

Sentencing Act 1995 vii 120 Lesser sentence may be imposed ................................................. 95 121 Effect of alterations in penalties ..................................................... 95 122 Maximum penalty for indictable offence dealt with summarily ....... 96 123 Old offences relevant in determining previous convictions ............ 96 123A Late guilty plea not relevant for sentencing for offence ................. 97 124 Abolition of common law bonds ..................................................... 97 126 Facilitation of proof ........................................................................ 97 128 Regulations.................................................................................... 97 Division 1 Repeal of Acts 129 Repeal ........................................................................................... 98 130 Savings and transitional ................................................................ 98 Division 3 Transitional matters for Sentencing Amendment (Aboriginal Customary Law) Act 2004 131 Application of section 104A ........................................................... 99 Division 4 Transitional matters for the Criminal Code Amendment (Criminal Damage) Act 2011 132 Transitional matters for Criminal Code Amendment (Criminal Damage) Act 2011......................................................................... 99 Division 5 Transitional matters for Justice (Corrections) and Other Legislation Amendment Act 2011 133 Community based orders and community custody orders for pre-commencement offences ........................................................ 99 Division 6 Transitional matters for Justice and Other Legislation Amendment Act 2014 134 Application of section 64 to offences committed before 135 Application of section 104A to offences committed before 136 Application of section 107 to offences committed before

Sentencing Act 1995 viii Division 7 Transitional matters for Sentencing Legislation Amendment Act 2015 137 Application of amendments ......................................................... 101 Division 8 Justice Legislation Amendment (Summary Procedure) Act 2015 138 Definitions .................................................................................... 101 139 Application of sections 5(2)(ha) and 123A ................................... 102 140 Application of section 108A ......................................................... 102 Division 9 Transitional matter for Criminal Code Amendment (Property Offences) Act 2022 141 Definition aggravated property offence ........................................ 102 Division 10 Transitional matters for Sentencing and Other Legislation Amendment Act 2022 142 Definition...................................................................................... 102 143 Community correction orders and intensive community correction orders.......................................................................... 103 144 Mandatory sentencing before and after commencement ............. 103 145 Application of Act to old orders .................................................... 103 146 Application of section 5 ................................................................ 104 147 Application of section 42 .............................................................. 105 148 Non-parole period for offences committed before the commencement ........................................................................... 105 Division 11 Transitional matters for Sentencing Legislation Amendment Act 2023 149 Application of Part 6, Division 3A................................................. 105 Division 12 Transitional matter for Criminal Justice Legislation Amendment (Sexual Offences) Act 150 Application of section 5 ................................................................ 106 Division 13 Transitional matters for Justice Legislation Amendment (Domestic and Family Violence) Act 2023 151 Definitions .................................................................................... 106 152 Application of amendment to section 6A ..................................... 106 153 Application of section 52 .............................................................. 107

Sentencing Act 1995 ix Division 14 Transitional matters for Justice and Other Legislation Further Amendment Act 2024 154 Definitions .................................................................................... 107 155 Continuation of approved places for Law and Justice Groups ..... 107 156 Continuation of appointed members as approved members of Law and Justice Groups .............................................................. 107 Division 15 Transitional matters for Sentencing Amendment Act 2024 157 Mandatory sentencing before and after commencement ............. 108 Division 16 Transitional matters for Sentencing Amendment (Murder) Act 2026 158 Application of amendments to section 53A .................................. 108

As in force at 1 April 2026

SENTENCING ACT 1995 An Act to consolidate the law relating to the sentencing of offenders and for related purposes

1 Short title This Act may be cited as the Sentencing Act 1995.

2 Commencement The various provisions of this Act shall come into operation on such date or dates as is or are fixed by the Administrator by notice in the Gazette.

3 Interpretation (1) In this Act: Aboriginal experience report, for Part 6, Division 3A, see section 107B. aggravated property offence, see section 78AA. approved member, for Part 6, Division 3A, see section 107A. approved monitoring device, see section 165 of the Correctional Services Act 2014. approved project means a rehabilitation program or work, or both, approved by the Commissioner under the Correctional Services Act 2014. CEO (Youth Justice) means the Chief Executive Officer (as defined in section 19 of the Public Sector Employment and Management Act 1993) of the Agency responsible for youth justice. coercive control, see section 5B of the Domestic and Family

Sentencing Act 1995 2 Commissioner means the Commissioner of Correctional Services. community correction order means a community correction order made under Part 3, Division 4. community court sentencing procedure, for Part 6, Division 3A, see section 107A. community youth justice officer, see section 5(1) of the Youth Justice Act 2005. Court of Criminal Appeal means the Supreme Court constituted in accordance with section 407 of the Criminal Code. custodial correctional facility, see section 11(1)(a) of the Correctional Services Act 2014. domestic relationship, see section 9 of the Domestic and Family domestic violence, see section 5 of the Domestic and Family domestic violence order means an order made in the nature of a domestic violence order under the Domestic and Family Violence Act 2007. driver's licence means a licence to drive a motor vehicle granted under the Motor Vehicles Act 1949. family relationship, see section 10 of the Domestic and Family fine means the sum of money payable by an offender under an order of a court made on the offender being convicted or found guilty of an offence and includes costs but does not include money payable by way of restitution or compensation. home detention condition means a condition in an intensive community correction order that an offender must: (a) reside or remain in premises or a place specified in the order for: (i) a period of at least 12 hours per day for each day the condition is in force; or (ii) a period of time per day determined by the Commissioner for each day the condition is in force; and

Sentencing Act 1995 3 (b) not leave the premises or place specified in the order for the period mentioned in paragraph (a) except at the times and for the periods as specified in the order or as otherwise permitted by the Commissioner or a probation and parole officer; and (c) obey the reasonable directions of the Commissioner. hospital, see section 5 of the Medical Services Act 1982. identification information, for Part 5, Division 1AA, see section 228A of the Criminal Code. impose a minimum sentence, for Part 3, Division 6A, see section 78CA. impose a term of actual imprisonment, for Part 3, Division 6A, see section 78CB. indefinite sentence means a sentence of imprisonment for an indefinite term that: (a) is to be reviewed under Part 3, Division 5, Subdivision 4; and (b) is to continue until a court orders that the indefinite term of imprisonment is discharged. instalment order means an order made under Part 3, Division 3 that a fine be paid by 2 or more instalments and includes such an order as varied under that Division. intensive community correction order means an intensive community correction order made under Part 3, Division 5, Subdivision 2. Law and Justice Group, for Part 6, Division 3A, see section 107C(2). motor vehicle, see section 5(1) of the Motor Vehicles Act 1949. nominal sentence means a sentence specified in an order under section 65(5). non-association order, see section 97A(2)(a). non-parole period, in relation to a sentence of imprisonment, means a period, fixed by or under Part 3, Division 5, Subdivision 3, during which an offender is not eligible to be released on parole.

Sentencing Act 1995 4 operational period, in relation to a sentence of imprisonment suspended under section 40, means the period specified under section 40(6). offender means a person found guilty of an offence. offensive weapon, for Part 3, Division 6A, see section 78C. physical harm, for Part 3, Division 6A, see section 78C. place restriction order, see section 97A(2)(b). prescribed program, for a community correction order or an intensive community correction order, means a course, training, education or similar activity prescribed by regulation for the order. pre-sentence report, for Part 3, Division 4 and Part 3, Division 5, Subdivision 2, means a report by the Commissioner under section 103 or 105. probation and parole officer, see section 4 of the Correctional Services Act 2014. proper officer, in relation to a court, means the officer of the court prescribed by the rules of the court or by regulation for the provision in which the term is used. prosecutor includes the Director of Public Prosecutions. registrar means, as the case requires, a Registrar of the Supreme Court or a registrar of the Local Court. rehabilitation program in relation to domestic and family violence means a program declared under section 85A(1) of the Domestic and Family Violence Act 2007. sexual offence means an offence specified in Schedule 3. undertaking means a written undertaking in the prescribed form given by an offender to a court to conform to an order and to conditions of an order of the court. victim, for Part 5, Division 1AA, see section 228A of the Criminal Code. violent offence means the following: (a) for sections 65, 67, 68 and 74 – see section 65(1);

Sentencing Act 1995 5 (b) for section 52 and Part 3, Division 6A – see section 78C. The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (2) In this Act, a reference to a right of appeal includes a right to apply to obtain leave to appeal.

4 Application This Act applies to all courts other than the Youth Justice Court continued in existence by the Youth Justice Act 2005.

5 Sentencing guidelines (1) The only purposes for which sentences may be imposed on an offender are the following: (a) to punish the offender to an extent or in a way that is just in all the circumstances; (b) to provide conditions in the court's order that will help the offender to be rehabilitated; (c) to discourage the offender or other persons from committing the same or a similar offence; (d) to make it clear that the community, acting through the court, does not approve of the sort of conduct in which the offender was involved; (e) to protect the Territory community from the offender; (f) a combination of 2 or more of the purposes referred to in this subsection. Note for subsection (1)(e) This includes the protection of any person who is in a family relationship or a domestic relationship with the offender. (2) In sentencing an offender, a court must have regard to: (a) the maximum and any minimum penalty prescribed for the

Sentencing Act 1995 6 (b) the nature of the offence and how serious the offence was, including any physical, psychological or emotional harm done to a victim; and (ba) if the offence is a sexual offence: (i) whether the victim contracted a sexually transmissible medical condition as a result of the offence; and (ii) whether the offender was aware at the time of the offence that he or she had a medical condition that could be sexually transmitted; and (c) the extent to which the offender is to blame for the offence; and (d) any damage, injury or loss caused by the offender; and (da) any harm done to a community as a result of the offence (whether directly or indirectly); and (e) the offender's character, age and intellectual capacity; and (f) the presence of any aggravating or mitigating factor concerning the offender; and (g) the prevalence of the offence; and (h) how much assistance the offender gave to law enforcement agencies in the investigation of the offence or other offences; and (ha) the conduct of the offender during the proceedings, including the extent to which the offender complied with a requirement imposed on the offender under Part IV, Division 2A of the Local Court (Criminal Procedure) Act 1928; and (j) whether the offender pleaded guilty to the offence and, if so, the stage in the proceedings at which the offender did so or indicated an intention to do so; and (k) time spent in custody by the offender for the offence before being sentenced, including time the offender resided at a specified place in accordance with a conduct agreement under the Bail Act 1982 that contained a provision mentioned in section 27A(1)(iaa), (iab) or (ia) of that Act; and

Sentencing Act 1995 7 (m) sentences imposed on, and served by, the offender in a State or another Territory of the Commonwealth for an offence committed at, or about the same time, as the offence with which the court is dealing; and (n) sentences already imposed on the offender that have not been served; and (p) sentences that the offender is liable to serve because of the revocation of orders made under this or any other Act for contraventions of conditions by the offender; and (q) if the offender is the subject of a community correction order or an intensive community correction order, the offender's compliance with the order; and (r) anything else prescribed by this Act to which the court is required to have regard; and (s) any other relevant circumstance. (3) For subsection (2)(ba): (a) a certificate by a medical practitioner that a person has (or had at a stated time) a sexually transmissible medical condition is evidence of the existence of that condition; and (b) the contraction by the victim of the medical condition is to be taken to be a result of the offence if: (i) a certificate is tendered that the offender had at the relevant time a sexually transmissible medical condition; and (ii) evidence is given that the victim contracted the medical condition at a time that is consistent with the medical condition being transmitted from the offender. (3A) Despite subsection (2)(e), in sentencing an offender for an offence against Part V, Division 2 or Part VIA of the Criminal Code, a court must disregard the good character of the offender if: (a) the person against whom the offence was committed was, at the time the offence was committed, under 18 years of age; and

Sentencing Act 1995 8 (b) the court is satisfied that the offender's alleged good character was of assistance to the offender in the commission of the Examples for subsection (3A)(b) 1 The offender's good character was one reason the offender was selected to supervise children at a camp. The offender began to establish a relationship with children at the camp to obtain their compliance in sexual activities. 2 A child's parent 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 due to the offender's good character. The offender sexually abused the child including while the child was in the offender's care. (4) In sentencing an offender, a court: (a) may have regard to any co-operation by the offender in resolving any action taken against the offender under the Criminal Property Forfeiture Act 2002 in relation to the offence or offences for which the offender is being sentenced; and (aa) may have regard to a forfeiture order under the Liquor Act 2019 to the extent that the property that is subject to the order relates to the offence or offences for which the offender is being sentenced; and (b) may have regard to a forfeiture order under the Criminal Property Forfeiture Act 2002 to the extent that the order relates to property that is crime-used property (within the meaning of that Act) in relation to the offence or offences for which the offender is being sentenced; and (c) must not make any allowance for any other property that has been or may be forfeited to the Territory by operation of the Criminal Property Forfeiture Act 2002 or in any proceedings under that Act in which the offender is, was or may be a respondent. (5) In addition to subsections (2) and (4), in sentencing an offender in relation to an offence that involves domestic violence, a court must have regard to whether there is an unacceptable risk that the offender may commit domestic violence against a person.

Sentencing Act 1995 9 (6) If the court is satisfied there is an unacceptable risk that the offender may commit domestic violence against a person, in sentencing the offender in relation to the offence that involves domestic violence, the court must: (a) have regard to whether making an order in relation to the offender, including whether a condition of the order, would mitigate any unacceptable risk of the offender committing domestic violence against a person; and (b) have regard to whether a domestic violence order should be made against the offender to mitigate any unacceptable risk of the offender committing domestic violence against a person; and (c) if the court makes a domestic violence order against the offender – ensure any order or a condition of the order is consistent with any conditions of the domestic violence order; and (d) if a domestic violence order is in force against the offender at the time of the sentencing: (i) have regard to whether any conditions or the duration of the order should be varied; and (ii) ensure any order or a condition of the order is consistent with any conditions of the domestic violence order.

6 Factors to be considered in determining offender's character In determining the character of an offender, a court may consider, among other things: (a) the number, seriousness, date, relevance and nature of any previous findings of guilt or convictions of the offender; and (b) the general reputation of the offender; and (c) any significant contributions made by the offender to the

6A Aggravating factors (1) Without limiting section 5(2)(f), any of the following circumstances in relation to the commission of an offence may be regarded as an aggravating factor for that section: (a) the offender committed the offence in company with one or more persons;

Sentencing Act 1995 10 (b) the offender was armed with a weapon when committing the (c) the offence was committed during a public disturbance; (d) the offence was committed without regard to public safety; (e) the offence was motivated by hate against a group of people; (f) the offence involved violence or the threat of violence; (fa) if the offender and the victim are, or were at the time of the commission of the offence, in a domestic relationship: (i) the offence included domestic violence in the nature of conduct that is physically or sexually abusive; or (ii) the offence involved coercive control of the victim; or (iii) the offence included domestic violence in the nature of exposing a child to conduct that constitutes domestic violence; (g) the offence involved more than one victim; (ga) a victim of the offence was a police officer or emergency worker in the execution of the officer's or worker's duty at the time the offence was committed; (gb) the offence included spitting by the offender; (h) the offence involved substantial planning and organisation. (2) In this section: emergency worker, see section 187(2) of the Criminal Code.

7 Sentencing and other orders Where a court finds a person guilty of an offence, it may, subject to any specific provision relating to the offence and this Part, make one or more of the following sentencing orders: (a) without recording a conviction, order the dismissal of the charge for the offence;

Sentencing Act 1995 11 (b) without recording a conviction, order the release of the offender; (c) record a conviction and order the discharge of the offender; (d) record a conviction and order the release of the offender; (e) with or without recording a conviction, order the offender to pay a fine; (f) with or without recording a conviction, make a community correction order for the offender; (fa) with or without recording a conviction, make a community correction order for the offender and order the offender to pay a fine; (g) record a conviction and order that the offender serve a term of imprisonment that is suspended by it wholly or partly; (h) record a conviction and make an intensive community correction for the offender; (k) impose any sentence or make any order authorised by this or any other Act.

8 Conviction or non-conviction (1) In deciding whether or not to record a conviction, a court must have regard to the circumstances of the case including: (a) the character, antecedents, age, health or mental condition of the offender; and (b) the extent, if any, to which the offence is of a trivial nature; and (c) the extent, if any, to which the offence was committed under extenuating circumstances. (2) Except as otherwise provided by this or any other Act, a finding of guilt without the recording of a conviction must not be taken to be a conviction for any purpose. (3) A finding of guilt without the recording of a conviction: (a) does not prevent a court from making any other order that it is authorised to make in consequence of the finding by this or any other Act; and

Sentencing Act 1995 12 (b) has the same effect as if one had been recorded for the purpose of: (i) appeals against sentence; or (ii) proceedings for variation or breach of sentence; or (iii) proceedings against the offender for a subsequent (iv) subsequent proceedings against the offender for the same offence.

9 Purpose of orders under this Division An order may be made under this Division: (a) to provide for the rehabilitation of an offender by allowing the sentence to be served in the community; or (b) to take account of the trivial, technical or minor nature of the offence committed; or (c) to allow for circumstances in which it is inappropriate to record a conviction; or (d) to allow for circumstances in which it is inappropriate to inflict any punishment other than a nominal punishment; or (e) to allow for the existence of other extenuating or exceptional circumstances that justify the court showing mercy to an

10 Unconditional dismissal A court which finds a person guilty of an offence may, without recording a conviction, dismiss the charge.

12 Unconditional discharge A court may discharge a person whom it has convicted of an

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16 Power to fine (1) If a person is found guilty of an offence, the court may fine the (2) The maximum fine that a court may impose is: (a) if the only punishment specified for the offence is a sentence of imprisonment – a fine calculated in accordance with section 28; or (b) if no period of imprisonment is specified for the offence: (i) the maximum fine specified for the offence under a provision of this or any other Act that applies to the (ii) if there is also no maximum fine specified for the offence – 20 penalty units. (3) Subsections (1) and (2) do not apply to the extent that a specific provision of an Act provides otherwise.

17 Exercise of power to fine (1) Where a court decides to fine an offender, it must, in determining the amount of the fine, take into account, as far as practicable: (a) the financial circumstances of the offender; and (b) the nature of the burden that its payment will impose on the (2) A court is not prevented from fining an offender only because it has not been informed about the matters referred to in subsection (1). (3) In considering the financial circumstances of an offender, a court must take into account any other order that it or any other court has made or that it proposes to make: (a) providing for the confiscation of the proceeds of the crime; or (b) requiring the offender to make restitution or pay compensation.

Sentencing Act 1995 14 (4) Where a court considers that: (a) it would be appropriate both to impose a fine and to make a restitution or compensation order; and (b) the offender has insufficient means to pay both; the court must give preference to restitution or compensation, though it may also impose a fine. (5) A court, in fixing the amount of a fine, may have regard to, among other things: (a) the loss or destruction of or damage to property suffered by a person; and (b) the value of any benefit derived by the offender; as a result of the offence.

18 Aggregate fines Where a person is found guilty of 2 or more offences which are founded on the same facts or form or are part of a series of offences of the same or a similar character, the court may impose one fine in respect of those offences that does not exceed the sum of the maximum fines that could be imposed in respect of each of those offences.

19 Time for payment of fine A fine imposed by a court is to be paid within 28 days after it is imposed.

24 Application of fine etc. The whole or any part of a fine, penalty or sum of money which by or under an Act is authorised or directed to be imposed on a person forms part of, and must be paid into, the Central Holding Authority if no other way of appropriating or applying it is prescribed by law.

26 Court may order commitment in default (1) If a court imposes a fine on an offender under section 16(1), the fine may be enforced under the Fines and Penalties (Recovery) Act 2001 unless the court orders commitment in default under subsection (2).

Sentencing Act 1995 15 (2) A court may order that if a fine is not paid within 28 days the offender is to be imprisoned until his or her liability to pay the fine is discharged. (3) If a court makes an order under subsection (2) and the fine is not paid within 28 days, the court may issue a warrant of commitment in respect of the offender specifying the period of imprisonment calculated on the basis of the amount of the fine as follows: (a) the period is to be one day for each amount (or part of that amount) prescribed for section 88 of the Fines and Penalties (Recovery) Act 2001 that comprises the fine; (b) the period is not to be less than one day; (c) the period is not to exceed 3 months. (4) If an offender serves the total period of imprisonment under a warrant under subsection (3), the fine is taken to be satisfied. (5) If an offender serves part of the period of imprisonment under a warrant under subsection (3), the fine is to be taken to be partially satisfied by the amount calculated at the rate prescribed for section 88 of the Fines and Penalties (Recovery) Act 2001 for each day served. (6) Unless otherwise ordered by the court, any period of imprisonment that an offender has to serve as a result of an order under subsection (2) is to be served: (a) cumulatively on any incomplete sentence or sentences of imprisonment imposed on the offender for the default of a payment of a fine or sum of money; and (b) concurrently with any incomplete sentence or sentences of imprisonment imposed on the offender other than for the default of a payment of a fine or sum of money, whether the other sentence was or the other sentences were imposed before or at the same time as that term.

27 Alternative penalties If a provision of an Act confers a discretion to impose a fine or a period of imprisonment on a person as the penalty for the person contravening a provision of an Act, the court, on finding the person guilty of the contravention and in accordance with the penalty specified for the contravention, may: (a) fine the person; or

Sentencing Act 1995 16 (b) imprison the person; or (c) both fine and imprison the person.

28 Fine in addition to or instead of imprisonment (1) An offence against an Act for which there is no punishment specified other than a term of imprisonment is punishable in addition to or instead of imprisonment by a maximum fine calculated in accordance with subsection (2). (2) The maximum fine is calculated by multiplying 100 penalty units by the term of imprisonment expressed: (a) in years; or (b) if the term is less than 12 months – as a fraction of a year. (3) Subsections (1) and (2) do not apply if the specified term of imprisonment is life.

29 Body corporate fines under penalty provision (1) If a provision of an Act or subordinate legislation specifies a fine for an offence but does not expressly differentiate between the fine for a body corporate and the fine for an individual, the specified fine is taken to be the fine for an individual. (2) If a body corporate is found guilty of an offence referred to in subsection (1), the court may impose a maximum fine of an amount equal to 5 times the fine specified in the provision.

30 Purpose of community correction orders A community correction order may be made under this Division to allow for flexibility in the sentencing of an offender by imposing a sentence that provides for the offender to be based in the

31 When court may make order (1) A court may make a community correction order under this Division for an offender if the court considers it appropriate. (2) The court may make the community correction order in addition to imposing a fine on the offender but not in addition to a sentence of a term of imprisonment.

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32 Duration of order and day order commences (1) A community correction order commences on the day it is made. (2) The period a community correction order is in force must not exceed 2 years.

33 Statutory conditions of order A community correction order is subject to the following conditions: (a) the offender must not, during the period the order is in force, commit another offence (whether in or outside the Territory) punishable on conviction by imprisonment; (b) the offender must be of good behaviour for the period the order is in force.

34 Conditions of order imposed by court (1) Subject to this section and section 35, a court may impose conditions on a community correction order, including the following: (a) subject to section 36 – the offender must participate, for the and parole officer; (b) the offender must satisfactorily complete a rehabilitation program in relation to domestic and family violence; (c) another condition prescribed by regulation; (d) any other condition the court considers appropriate. Note for subsection (1)(b) Section 5(5) and (6) sets out the sentencing guidelines for sentencing an (2) Despite section 101, the court may impose the condition mentioned in subsection (1)(b) without the offender's consent. (3) The regulations may make provision about matters in relation to the condition mentioned in subsection (1)(b). (4) The court must not impose a home detention condition on a community correction order.

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35 Condition requiring monitoring (1) A court must not make a community correction order in relation to an offender subject to a condition of a type that requires the Commissioner (or a probation and parole officer) to monitor compliance with the condition unless the court has had regard to a pre-sentence report in relation to the offender. (2) A report under subsection (1) may be in writing or given orally to the (3) If the court makes an order subject to a condition of a type that requires the Commissioner (or a probation and parole officer) to monitor compliance with the condition, the offender must comply with Chapter 4 of the Correctional Services Act 2014 and any regulations made for that Chapter.

36 Condition to participate in approved project A court must not make a community correction order in relation to an offender subject to the condition mentioned in section 34(1)(a) unless the court: (a) has been notified by the Commissioner that arrangements have been or will be made for the offender to participate in an approved project under the order; and (b) is satisfied that: (i) the offender is a suitable person to participate in the approved project; and (ii) the project is approved and can be provided under the arrangements referred to in paragraph (a) for the offender to carry out.

37 Copy of order to be given to offender and Commissioner A court must give a copy of a community correction order to the (a) the offender to whom it applies; (b) if the order is subject to a condition of a type that requires the Commissioner (or a probation and parole officer) to monitor compliance with the condition – the Commissioner.

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38 Orders for more than one offence (1) If a court makes separate community correction orders for 2 or more offences committed by the offender, the conditions of the orders are concurrent unless the court otherwise directs. (2) The conditions of the community correction order made for the offender are, unless the court otherwise directs, concurrent with those of any other community correction order already in force for the offender.

39 Revocation or variation of order on application (1) A court which has made a community correction order in relation to an offender may, on application by the Commissioner or offender: (a) revoke the community correction order and deal with the offender as if the offender had come before the court for sentence for the offence for which the order was made; or (b) vary the conditions of the community correction order; or (c) confirm the community correction order. (2) If the Commissioner makes the application: (a) the court must summons the offender to appear before the court at a specified time and place for hearing the application; and (b) if the offender does not appear in answer to the summons – the court may issue a warrant for the offender's arrest. (3) If the offender makes the application, the court may only make an order under subsection (1) if the court is satisfied that the offender is not able to comply with a condition of the order because of a material change in the offender's circumstances. (4) If the offender makes the application, the court must give notice to the Commissioner of: (a) the application; and (b) the time and place fixed for hearing the application. (5) In deciding how to deal with the offender under subsection (1)(a), the court must take into account: (a) the extent to which the offender has complied with the order; and

Sentencing Act 1995 20 (b) any fine imposed when the order was made; and (c) any report of the Commissioner. (6) In addition, in making an order under subsection (1), the court may take into account: (a) whether the offender is in custody on a charge for another (b) whether the offender's behaviour is such that the offender's compliance with the terms of the order is impracticable.

39A Breach of community correction order (1) If a justice of the peace is satisfied on information on oath that an offender has breached a condition of a community correction order, the justice of the peace may: (a) issue to the offender a summons to appear before a court on a date and at a time specified in the summons to show cause why the offender should not be further dealt with under this Division; or (b) if the justice of the peace is satisfied that the offender may not appear before the court in response to a summons – issue a warrant for the arrest of the offender. (2) The justice of the peace may issue the summons or warrant under subsection (1): (a) if the offender has breached a condition of the community correction order that is still in force; or (b) within 2 years after the community correction order ceases to be in force, if the offender had breached a condition of the order when it was in force. (3) If the offender fails to attend before the court in accordance with a summons, the court may issue a warrant for the offender's arrest. (4) A police officer who suspects on reasonable grounds the offender has breached a condition of the order may arrest the offender without a warrant. (5) A police officer may, using reasonable force if necessary, enter any place to arrest the offender. (6) For sections 137 and 138 of the Police Administration Act 1978, a breach of a condition of the order is taken to be an offence.

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39B Court orders following breach (1) If a court is satisfied that an offender breached a condition of a community correction order, the court may: (a) if the order is still in force: (i) confirm the order; or (ii) vary the conditions of the order; or (iii) revoke the order and deal with the offender for the offence for which the order was made as if it had just found the offender guilty of the offence; or (iv) subject to subsection (2) – extend the period of the (v) confirm the discharge of the order and take no further action; or (b) if the order is no longer in force: (i) deal with the offender for the offence for which the order was made as if it had just found the offender guilty of the (ii) confirm the discharge of the order and take no further action. (2) For subsection (1)(a)(iv), the court may only extend the period of the order to provide for the order to be in force for no longer than 2 years in total. (3) For subsection (1)(b)(i), the court may, in dealing with the offender, take into account the extent to which the offender had complied with the order before the offender breached the condition of the (4) If an offender has breached a condition of a community correction order because the offender committed domestic violence, the court must take into account the matters mentioned in section 5(5) and (6) when considering the breach as if the court is sentencing the offender for an offence that involves domestic violence. (5) If the court revokes the order, or the order is no longer in force, and the court had made an order under section 25M or 25R of the Motor Vehicles Act 1949 for the offender (the MVA order), the court may revoke the MVA order.

Sentencing Act 1995 22 (6) If the court revokes the MVA order for the offender and a licence was granted under the Motor Vehicles Act 1949 because of an application made under the MVA order: (a) the licence is cancelled; and (b) the court must give notice of the cancellation to the Registrar of Motor Vehicles; and (c) for the revocation of the MVA order made under section 25R of the Motor Vehicles Act 1949: (i) all disqualifications applying to the offender in relation to holding a licence, or the offender's ability to apply for a licence or renewal of a licence, under that Act when the MVA order was made are reinstated as if the MVA order had not been made; and (ii) the demerit points entered in the register against the offender's name for offences committed in the Territory that ceased to have effect under section 25S(1)(b) of that Act when the MVA order was made are again active demerit points for that Act. (7) To avoid doubt, the period from the making of the MVA order to its revocation must be disregarded in working out the reinstated disqualifications applying to the offender.

39C Records as evidence A matter contained in the following records produced to a court in a proceeding under this Division is, as far as it is applicable, evidence of an offender's activities: (a) records generated by or through an approved monitoring device; (b) records comprising the notebooks or diaries of a probation

39D Certain costs recoverable by Territory If an offender destroys or damages an approved monitoring device or associated device, machine or equipment: (a) the offender is liable to pay the costs of restoring or replacing the device, machine or equipment; and (b) the costs may be recovered from the offender as a debt payable to the Territory.

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40 Suspended sentence of imprisonment (1) A court which sentences an offender to a term of imprisonment of not more than 5 years may make an order suspending the sentence where it is satisfied that it is desirable to do so in the circumstances. (2) An order suspending a sentence of imprisonment may suspend the whole or a part of the sentence and the order may be subject to such conditions as the court thinks fit. Note for subsection (2) For example, the order could be subject to a condition mentioned in the Regulations for a community correction order or an intensive community correction order. (3) A court must not impose a suspended sentence of imprisonment unless the sentence of imprisonment, if unsuspended, would be appropriate in the circumstances having regard to this Act. (4) Where an offender is convicted of more than one offence in the same proceeding, a court may only make an order suspending a sentence of imprisonment imposed by it where the aggregate period of imprisonment imposed in respect of all the offences does not exceed 5 years. (5) A wholly suspended sentence of imprisonment is taken to be a sentence of imprisonment for all enactments except an enactment providing for disqualification for, or loss of, office or the forfeiture or suspension of pensions or other benefits. (6) A court must specify in an order suspending a sentence of imprisonment a period of not more than 5 years from: (a) if the whole of the sentence is suspended – the date of the (b) if a part of the sentence is suspended – the date specified in the order; during which the offender is not to commit another offence punishable by imprisonment if the offender is to avoid being dealt with under section 43. (7) Where an offender is ordered to serve the whole or part of a wholly suspended sentence of imprisonment under section 43, then, for

Sentencing Act 1995 24 any enactment providing for disqualification for, or loss of, office or the forfeiture or suspension of pensions or other benefits, the offender is taken to have been sentenced to imprisonment on the day on which the order was made under that section. (8) A partly suspended sentence of imprisonment is taken, for all purposes, to be a sentence of imprisonment for the whole term stated by the court. (9) For this section, a suspended sentence of imprisonment imposed on an offender on appeal is taken to have been imposed by the appellate court. (10) Despite subsection (9), where a suspended sentence of imprisonment is imposed on an offender on appeal, an application under this subdivision that may be made to a court may be made to the court whose order was appealed against and that court may deal with the offender even if the court is not the court that imposed the sentence.

41 Effect of suspended sentence An offender in respect of whom a suspended sentence has been imposed under section 40 has to serve the sentence or part sentence held in suspense only if he or she is ordered to do so under section 43.

42 Variation of order conditionally suspending sentence (1) A court which has made an order wholly or partially suspending a sentence of imprisonment on certain conditions may, on application under this subsection, if satisfied that a circumstance in subsection (2) applies: (a) cancel the order and deal with the offender as if the offender had come before the court for sentence for the offence for which the order was made; or (b) vary the conditions of the order; or (c) confirm the order. (2) For subsection (1), the circumstances are: (a) the offender is not able to comply with a condition of the order because of a material change in the offender's circumstances; or (b) the offender has failed or is no longer willing to comply with a condition of the order.

Sentencing Act 1995 25 (3) An application under subsection (1) may be made at any time by: (a) the offender; or (b) a prescribed person or a member of a prescribed class of persons; or (c) the prosecutor. (4) Notice of an application under subsection (1) must be given to: (a) the offender; and (b) where the sentencing court was: (i) the Supreme Court, the Director of Prosecutions; or (ii) the Local Court, the complainant or informant. (5) A court may order that a warrant be issued to arrest an offender (6) In deciding how to deal with the offender under subsection (1)(a), the court must take into account the extent to which the offender has complied with the order.

43 Breach of order suspending sentence (1) Where: (a) while an order suspending a sentence of imprisonment under section 40 is in force; or (b) within the period of 2 years after the expiry of the operational period of a suspended sentence; it appears to a prescribed person or a member of a prescribed class of persons that, during the operational period, the offender committed another offence against a law in force in the Territory or elsewhere that is punishable by imprisonment, he or she may apply, in the prescribed form, to the court which sentenced the offender for an order under this section. (2) Where it appears to a prescribed person, or a member of a prescribed class of persons, that an offender has breached a condition to which an order suspending a sentence imposed on the offender is subject, he or she may apply, whether or not the order is still in force, in the prescribed form, to the court which sentenced the offender for an order under this section.

Sentencing Act 1995 26 (3) Where an application is made under subsection (1) or (2): (a) notice of the application must be given to the offender; or (b) where the Court is satisfied: (i) for an application under subsection (1) – that, during the operational period of the suspended sentence, the offender committed another offence against a law in force in the Territory or elsewhere that is punishable by imprisonment and that the offender may not appear; or (ii) for an application under subsection (2) – that the offender has breached a condition to which the order suspending the sentence is subject and that the offender may not appear; the Court may issue a warrant for the arrest of the offender. (4) The court may, on the hearing of an application under this section, order that a warrant be issued to arrest an offender where the offender does not attend before the court on the hearing of the application. (4AA) A police officer who suspects, on reasonable grounds, that an offender has breached a condition to which an order suspending a sentence imposed on the offender is subject may, without warrant, arrest the offender. (4AB) For the application of sections 137 and 138 of the Police Administration Act 1978, a breach of a condition to which an order suspending a sentence imposed on an offender is subject is to be taken to be an offence. (4A) Where: (a) an offender appears before a court: (i) while an order made by the court suspending a sentence of imprisonment under section 40 is in force in respect of the offender; or (ii) within the period of 2 years after the expiry of the operational period of a suspended sentence imposed by the court on the offender; and (b) the court is satisfied that, during the operational period of the suspended sentence, the offender committed another offence against a law in force in the Territory or elsewhere that is punishable by imprisonment;

Sentencing Act 1995 27 the court may of its own motion make an order under this section. (4B) Where a court is satisfied that an offender who is before the court has breached a condition to which an order made by the court suspending a sentence imposed on the offender is subject, the court may of its own motion make an order under this section. (4C) Where the Local Court is satisfied in respect of an offender who is before that Court: (a) that, during the operational period of a suspended sentence imposed on the offender by the Supreme Court, the offender committed another offence against a law in force in the Territory or elsewhere that is punishable by imprisonment; or (b) that the offender has breached a condition to which an order made by the Supreme Court suspending a sentence imposed on the offender is subject; the Local Court may commit the offender to the Supreme Court to be dealt with by that Court under this section. (4D) If the Supreme Court is satisfied in respect of an offender before that Court that, during the operational period of a suspended sentence imposed on the offender by the Local Court, the offender committed another offence against a law in force in the Territory or elsewhere that is punishable by imprisonment: (a) for subsection (4A), the Supreme Court is taken to have imposed the suspended sentence; and (b) the Supreme Court may deal with the offender under this (4E) If the Supreme Court is satisfied in respect of an offender before that Court that the offender has breached a condition of an order made by the Local Court suspending a sentence imposed on the (a) for subsection (4B), the Supreme Court is taken to have made the order; and (b) the Supreme Court may deal with the offender under this (5) Where: (a) on the hearing of an application under subsection (1) or on the hearing of its own motion under subsection (4A), a court is satisfied, by evidence on oath or by affidavit or by the

Sentencing Act 1995 28 admission of the offender, that, during the operational period of the suspended sentence, the offender committed another offence against a law in force in the Territory or elsewhere that is punishable by imprisonment; or (b) on the hearing of an application under subsection (2) or on the hearing of its own motion under subsection (4B), a court is satisfied, by evidence on oath or by affidavit or by the admission of the offender, that the offender has breached a condition of the order; the court may: (c) subject to subsection (7), restore the sentence or part sentence held in suspense and order the offender to serve it; or (d) restore part of the sentence or part sentence held in suspense and order the offender to serve it; or (e) for a wholly suspended sentence, extend the operational period to a date after the date of the order suspending the sentence; or (ea) for a partially suspended sentence – extend the operational period to a date after the date specified in the order suspending the sentence; or (f) make no order with respect to the suspended sentence. (6) Where a court orders an offender to serve a term of imprisonment that had been held in suspense, the term must, unless the court otherwise orders, be served: (a) immediately; and (b) concurrently with any other term of imprisonment previously imposed on the offender by that or any other court. (7) A court must make an order under subsection (5)(c) unless it is of the opinion that it would be unjust to do so in view of all the circumstances which have arisen since the suspended sentence was imposed, including the facts of any subsequent offence and, if it is of that opinion, the court must state its reasons. (8) Where a court makes no order with respect to a suspended sentence, the proper officer of the court must record the fact in the records of the court.

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44 Purpose of intensive community correction orders An intensive community correction order may be made under this Subdivision to provide for an offender to serve a term of imprisonment in the community and, in doing so: (a) ensure that a person who commits an offence is held accountable; and (b) address the personal factors that contribute to the offender's criminal behaviour.

45 When court may make order (1) A court that sentences an offender to a term of imprisonment may order the sentence of imprisonment be served by way of an intensive community correction order if the court considers it appropriate. (2) The court must not make an intensive community correction order in relation to an offender unless the court has had regard to a pre-sentence report in relation to the offender. (3) A report under subsection (2) may be in writing or given orally to the (4) The court must not fix a non-parole period in relation to a sentence of imprisonment served by way of an intensive community correction order. (5) A sentence of imprisonment to be served by way of an intensive community correction order starts on the day the order commences and, despite section 51(1), the court must not direct otherwise.

46 Duration of order and day order commences (1) An intensive community correction order commences: (a) on the day that the order is made; or (b) if the order is made at the same time that another sentence of imprisonment for another offence is imposed on the offender – immediately after the offender is released from custody under that other sentence. (2) An intensive community correction order may not commence on a day before the order is made.

Sentencing Act 1995 30 (3) The period an intensive community correction order is in force must not exceed 2 years. (4) A court may consider any period of time the offender was remanded in custody for the offence in determining the period the order is in force.

47 Statutory conditions of order (1) An intensive community correction order is subject to the following conditions: (a) the offender must not, during the period the order is in force, commit another offence (whether in or outside the Territory) punishable on conviction by imprisonment; (b) the offender must be of good behaviour for the period the order is in force; (c) the offender: (i) is under the ongoing supervision of a probation and parole officer; and (ii) must report to a probation and parole officer at a specified place within 2 business days after the order comes into force; and (iii) must comply with Chapter 4 of the Correctional Services Act 2014 and any regulations made for that Chapter; (d) if the Commissioner has reasonable grounds to do so – the offender may be required, by the Commissioner, to: (i) reside at a specified place for the period specified in the notice; and (ii) wear or have attached an approved monitoring device for the period specified in the notice (the temporary monitoring period); and (iii) allow the placing or installation in, and retrieval from, a specified place of anything necessary for the effective operation of the monitoring device. (2) For subsection (1)(d), the temporary monitoring period must not be more than 14 days.

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48 Conditions of order imposed by court (1) A court may impose conditions on an intensive community correction order, including the following: (a) subject to section 48A – a home detention condition; (b) subject to section 48B – the offender must participate, for the and parole officer; (c) the offender must satisfactorily complete a rehabilitation program in relation to domestic and family violence; (d) another condition prescribed by regulation; (e) any other condition the court considers appropriate. Note for subsection (1)(c) Section 5(5) and (6) sets out the sentencing guidelines for sentencing an (1A) The court may impose a home detention condition under subsection (1)(a) for all or part of the duration of the intensive community correction order. (2) Despite section 101, the court may impose the condition mentioned in subsection (1)(c) without the offender's consent. (3) The regulations may make provision about matters in relation to the condition mentioned in subsection (1)(c).

48A Home detention condition A court must not make an intensive community correction order in relation to an offender subject to a home detention condition unless the court is satisfied that: (a) suitable arrangements are available for the offender to reside at premises or a place; and (b) the premises or place is suitable for the purposes of the order subject to the condition; and

Sentencing Act 1995 32 (c) the making of the order subject to the condition is not likely to inconvenience or put at risk other persons living in those premises or at that place or the community generally. Notes for section 48A(c) 1 This includes the protection of any person who is in a family relationship or a domestic relationship with the offender. 2 See section 5(5) and (6) for the sentencing guidelines for sentencing an 48B Condition to participate in approved project A court must not make an intensive community correction order in relation to an offender subject to the condition mentioned in section 48(1)(b) unless the court: (a) has been notified by the Commissioner that arrangements have been or will be made for the offender to participate in an approved project under the order; and (b) is satisfied that: (i) the offender is a suitable person to participate in the approved project; and (ii) the project is approved and can be provided under the arrangements referred to in paragraph (a) for the offender to carry out.

48C Copy of order to be given to offender and Commissioner A court must give a copy of an intensive community correction order to the offender to whom it applies and the Commissioner.

48D Orders for more than one offence (1) If the court makes separate intensive community correction orders for 2 or more offences committed by the offender, the conditions of the orders are concurrent unless the court otherwise directs. (2) The conditions of the intensive community correction order made for the offender are, unless the court otherwise directs, concurrent with those of any other intensive community correction order already in force for the offender.

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48E Revocation or variation of order on application (1) A court which has made an intensive community correction order in relation to an offender may, on application by the Commissioner or (a) revoke the intensive community correction order and deal with the offender as if the offender had come before the court for sentence for the offence for which the order was made; or (b) vary the conditions of the intensive community correction (c) confirm the intensive community correction order. (2) If the Commissioner makes the application: (a) the court must summons the offender to appear before the court at a specified time and place for hearing the application; and (b) if the offender does not appear in answer to the summons – the court may issue a warrant for the offender's arrest. (3) If the offender makes the application, the court may only make an order under subsection (1) if the court is satisfied that the offender is not able to comply with a condition of the order because of a material change in the offender's circumstances. (4) If the offender makes the application, the court must give notice to the Commissioner of: (a) the application; and (b) the time and place fixed for hearing the application. (5) In deciding how to deal with the offender under subsection (1)(a), the court must take into account: (a) the extent to which the offender has complied with the order; and (b) any report of the Commissioner. (6) In addition, in making an order under subsection (1), the court may take into account: (a) whether the offender is in custody on a charge for another

Sentencing Act 1995 34 (b) whether the offender's behaviour is such that the offender's compliance with the terms of the order is impracticable.

48F Breach of intensive community correction order (1) If a justice of the peace is satisfied on information on oath that an offender has breached a condition of an intensive community correction order, the justice of the peace may: (a) issue to the offender a summons to appear before a court on a date and at a time specified in the summons to show cause why the offender should not be further dealt with under this Subdivision; or (b) if the justice of the peace is satisfied that the offender may not appear before the court in response to a summons – issue a warrant for the arrest of the offender. (2) The justice of the peace may issue the summons or warrant under subsection (1): (a) if the offender has breached a condition of the intensive community correction order that is still in force; or (b) within 3 years after the intensive community correction order ceases to be in force, if the offender had breached a condition of the order when it was in force. (3) If the offender fails to attend before the court in accordance with a summons, the court may issue a warrant for the offender's arrest. (4) A police officer who suspects on reasonable grounds the offender has breached a condition of the order may arrest the offender without a warrant. (5) A police officer may, using reasonable force if necessary, enter any place to arrest the offender. (6) For sections 137 and 138 of the Police Administration Act 1978, a breach of a condition of the order is taken to be an offence.

48G Court orders following breach (1) If a court is satisfied that an offender breached a condition of an intensive community correction order, the court may: (a) if the order is still in force: (i) confirm the order; or

Sentencing Act 1995 35 (ii) vary the conditions of the order; or (iii) revoke the order and deal with the offender for the offence for which the order was made as if it had just found the offender guilty of the offence; or (iv) sentence the offender to imprisonment for the unexpired term of the order at the date of the breach of the condition; or (v) confirm the discharge of the order and take no further action; or (b) if the order is no longer in force: (i) deal with the offender for the offence for which the order was made as if it had just found the offender guilty of the (ii) confirm the discharge of the order and take no further action. (2) For subsection (1)(b)(i), the court may, in dealing with the offender, take into account the extent to which the offender had complied with the order before the offender breached the condition of the (3) If an offender has breached a condition of an intensive community correction order because the offender committed domestic violence, the court must take into account the matters mentioned in section 5(5) and (6) when considering the breach as if the court is sentencing the offender for an offence that involves domestic violence. (4) If the court sentences the offender to imprisonment for the unexpired term of the order, the term of imprisonment must, unless the court orders otherwise, be served: (a) immediately; and (b) concurrently with any other term of imprisonment previously imposed on the offender by that or any other court. (5) If the court revokes the order, or the order is no longer in force, and the court had made an order under section 25M or 25R of the Motor Vehicles Act 1949 for the offender (the MVA order), the court may revoke the MVA order.

Sentencing Act 1995 36 (6) If the court revokes the MVA order for the offender and a licence was granted under the Motor Vehicles Act 1949 because of an application made under the MVA order: (a) the licence is cancelled; and (b) the court must give notice of the cancellation to the Registrar of Motor Vehicles; and (c) for the revocation of the MVA order made under section 25R of the Motor Vehicles Act 1949: (i) all disqualifications applying to the offender in relation to holding a licence, or the offender's ability to apply for a licence or renewal of a licence, under that Act when the MVA order was made are reinstated as if the MVA order had not been made; and (ii) the demerit points entered in the register against the offender's name for offences committed in the Territory that ceased to have effect under section 25S(1)(b) of that Act when the MVA order was made are again active demerit points for that Act. (7) To avoid doubt, the period from the making of the MVA order to its revocation must be disregarded in working out the reinstated disqualifications applying to the offender.

48H Records as evidence A matter contained in the following records produced to a court in a proceeding under this Subdivision is, as far as it is applicable, evidence of the offender's activities: (a) records generated by or through an approved monitoring device; (b) records comprising the notebooks or diaries of a probation

48J Certain costs recoverable by Territory If an offender destroys or damages an approved monitoring device or associated device, machine or equipment: (a) the offender is liable to pay the costs of restoring or replacing the device, machine or equipment; and (b) the costs may be recovered from the offender as a debt payable to the Territory.

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49 Term of imprisonment where none prescribed Where a person is found guilty of an offence against a law in force in the Territory punishable by imprisonment but the maximum term of imprisonment is not prescribed by law, then the maximum term which may be ordered is imprisonment for 2 years.

50 Imprisonment to be served concurrently unless otherwise ordered Unless otherwise provided by this Act or the court imposing imprisonment otherwise orders, where an offender is: (a) serving, or has been sentenced to serve, a term of imprisonment for an offence; and (b) sentenced to serve another term of imprisonment for another the term of imprisonment for the other offence is to be served concurrently with the first offence.

51 Cumulative orders of imprisonment (1) If an offender is: (a) serving, or has been sentenced to serve, a term of imprisonment for an offence; and (b) sentenced to serve another term of imprisonment for another the term of imprisonment for the other offence may be directed to start from the end of the term of imprisonment for the first offence or an earlier date. (2) Subsection (1) applies whether the term of imprisonment for the first offence is being served concurrently with or cumulatively on the term of imprisonment for another offence.

52 Aggregate term of imprisonment (1) A court may impose one term of imprisonment in respect of a person found guilty of 2 or more offences. (2) Despite subsection (1), a court must not impose an aggregate term of imprisonment under subsection (1) if one of the offences is a sexual offence.

Sentencing Act 1995 38 (3) An aggregate term of imprisonment may be imposed under subsection (1) whether or not the offences are laid on complaint, information or indictment or any combination of them. (4) A court that imposes an aggregate sentence of imprisonment under subsection (1) must indicate to the guilty person the following: (a) the fact that an aggregate sentence is being imposed; (b) the sentence that would have been imposed for each offence if separate sentences were imposed instead of an aggregate (5) Subsection (3) does not limit any other requirement that a court has to record the reasons for its decision. (6) The term, and any non-parole period, of an aggregate sentence of imprisonment imposed under subsection (1) is not revoked or varied by a later sentence of imprisonment that the same or some other court later imposes in relation to another offence. (7) An aggregate sentence of imprisonment imposed under subsection (1) is not invalidated by a failure to comply with this (8) To avoid doubt, the Local Court may impose an aggregate sentence of imprisonment under subsection (1) that does not exceed 5 years.

53 Fixing of non-parole period by sentencing court (1) Subject to this section and sections 53AA, 53A, 55, 55A and 148, if a court sentences an offender to be imprisoned: (a) for life; or (b) for 12 months or longer, that is not suspended in whole or part; it must, as part of the sentence, fix a period during which the offender is not eligible to be released on parole unless it considers that the nature of the offence, the past history of the offender or the circumstances of the particular case make the fixing of such a period inappropriate. (1A) Subject to section 57, if a court sentences an offender to be imprisoned for less than 12 months or for a term that is suspended in whole or part, the court may not, as part of the sentence, fix a non-parole period.

Sentencing Act 1995 39 (2) Where a court sentences an offender to be imprisoned in respect of more than one offence, a period fixed under subsection (1) is in respect of the aggregate period of imprisonment that the offender is liable to serve under all the sentences then imposed. 53AA Non-parole periods generally (1) This section applies in relation to the sentencing of an offender if: (a) the offender has committed an offence that is not an offence to which section 53A, 55, 55A or 148 applies; and (b) a court sentences the offender to be imprisoned for 12 months or longer that is not suspended in whole or in part. (2) The court may fix a non-parole period under section 53(1) of 50% of the period of imprisonment that the offender is to serve under the (3) If the court fixes a non-parole period of less or more than the period specified in subsection (2), the court must give reasons for doing so.

53A Non-parole periods for offence of murder (1) Subject to this section, where a court (the sentencing court) sentences an offender to be imprisoned for life for the offence of murder, the court must fix under section 53(1): (a) a standard non-parole period of 20 years; or (b) if any of the circumstances in subsection (3) apply – a non-parole period of 25 years. (2) The standard non-parole period of 20 years referred to in subsection (1)(a) represents the non-parole period for an offence in the middle of the range of objective seriousness for offences to which the standard non-parole period applies. (3) The circumstances referred to in subsection (1)(b) are any of the (a) the victim's occupation was police officer, emergency services worker, correctional services officer (as defined in section 16 of the Correctional Services Act 2014), judicial officer, health professional, teacher, community worker or other occupation involving the performance of a public function or the provision of a community service and the act or omission that caused the victim's death occurred while the victim was carrying out the duties of his or her occupation or for a reason otherwise

Sentencing Act 1995 40 connected with his or her occupation; (b) the act or omission that caused the victim's death was part of a course of conduct by the offender that included conduct, either before or after the victim's death, that would have constituted a sexual offence against the victim; (c) the victim was under 18 years of age at the time of the act or omission that caused the victim's death; (d) if the offender is being sentenced for 2 or more convictions for unlawful homicide; (e) if the offender is being sentenced for one conviction for murder and one or more other unlawful homicides are being taken into account; (f) at the time the offender was convicted of the offence, the offender had one or more previous convictions for unlawful homicide; (g) the victim was, at the time of the act or omission that caused the victim's death, or had previously been: (i) in an intimate personal relationship (as defined in section 11 of the Domestic and Family Violence Act 2007) with the offender; or (ii) the spouse or de facto partner of the offender. (4) The sentencing court may fix a non-parole period that is longer than a non-parole period referred to in subsection (1)(a) or (b) if satisfied that, because of any objective or subjective factors affecting the relative seriousness of the offence, a longer non-parole period is warranted. (5) The sentencing court may refuse to fix a non-parole period if satisfied the level of culpability in the commission of the offence is so extreme the community interest in retribution, punishment, protection and deterrence can only be met if the offender is imprisoned for the term of his or her natural life without the possibility of release on parole. (6) The sentencing court may fix a non-parole period that is shorter than the standard non-parole period of 20 years referred to in subsection (1)(a) or the non-parole period of 25 years required by the circumstances specified in subsection (3)(g) if satisfied there are exceptional circumstances that justify fixing a shorter non- parole period.

Sentencing Act 1995 41 (7) For there to be exceptional circumstances sufficient to justify fixing a shorter non-parole period under subsection (6), the sentencing court must be satisfied of the following matters and must not have regard to any other matters: (a) the offender is: (i) otherwise a person of good character; and (ii) unlikely to re-offend; (b) the victim's conduct, or conduct and condition, substantially mitigate the conduct of the offender. (8) In considering whether the offender is unlikely to re-offend, the matters the sentencing court may have regard to include the (a) whether the offender has a significant record of previous convictions; (b) any expressions of remorse by the offender; (c) any other matters referred to in section 5(2) that are relevant. (9) The sentencing court must give reasons for fixing, or refusing to fix, a non-parole period and must identify in those reasons each of the factors it took into account in making that decision. (10) The failure of the sentencing court to comply with this section when fixing, or refusing to fix, a non-parole period does not invalidate the sentence imposed on the offender. (11) This section applies only in relation to an offence committed: (a) after the commencement of the Sentencing (Crime of Murder) and Parole Reform Act 2003; or (b) before the commencement of that Act if, at that commencement, the offender has not been sentenced for the (12) In subsection (3): unlawful homicide means the offence of murder or manslaughter.

55 Minimum non-parole period for offence of sexual intercourse without consent (1) If a court sentences an offender to be imprisoned for a specified offence for 12 months or longer, that is not suspended in whole or

Sentencing Act 1995 42 in part, the court must, under section 53(1), fix a period of not less than 70% of the period of imprisonment that the offender is to serve under the sentence. (2) However, subsection (1) does not apply if, under section 53(1), the court considers that the fixing of a non-parole period is inappropriate. specified offence means: (a) an offence against section 208H of the Criminal Code; or (b) an offence against section 192(3) of the Criminal Code, as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023.

55A Minimum non-parole periods for offences against persons under 16 years (1) Subject to this section, if: (a) a court sentences an offender to be imprisoned for an offence against: (i) section 177(a), 181, 184, 186, 186B, 188, 208H, 208HA, 208HB, 208J, 208JA, 208JB, 208JC, 208JD, 208JE, 208JF, 208JG, 208JH, 208JI, 208LB, 208LC, 208LD or 208MA of the Criminal Code; or (ii) section 127, 130, 131, 131A, 132, 134, 188 or 192(4) of the Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023; and (b) the offender was an adult when the offence was committed; and (c) the offence was committed on a person who was under the age of 16 years; and (d) the sentence is not suspended in whole or part; the court must fix a period under section 53(1) of not less than 70% of the period of imprisonment that the offender is to serve under the (2) Subsection (1) does not apply where under section 53(1) the court considers that the fixing of a non-parole period is inappropriate.

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56 Fixing of non-parole period otherwise than by sentencing court (1) The failure of a sentencing court to fix a non-parole period under section 53(1) does not invalidate the sentence but the court may, on the application of the offender, the Commissioner, the CEO (Youth Justice) or the prosecutor, fix a non-parole period in accordance with that section in any manner in which the sentencing court might have done so. (2) A court may fix a non-parole period under section 53(1) in respect of a term of imprisonment being served by an offender who, at the commencement of this subsection, is serving a sentence of imprisonment to which that subsection applies in respect of which a non-parole period had not been fixed. (3) A court may fix a non-parole period under subsection (2) on the application of the offender, the Commissioner, the CEO (Youth Justice) or the prosecutor and it may do so as if it had just sentenced the offender to the term of imprisonment. (4) Subsection (2) does not apply to a sentence of imprisonment imposed for the offence of murder if the sentence was imposed before the commencement of the Sentencing (Crime of Murder) and Parole Reform Act 2003.

57 Fixing of new non-parole period in respect of multiple sentences (a) an offender has been sentenced to be imprisoned for an offence and a non-parole period has been fixed in respect of the sentence; and (b) before the end of the non-parole period the offender is sentenced by a court to a further term of imprisonment. (1A) The court must fix a new single non-parole period in respect of all the sentences the offender is to serve or complete. (2) The new single non-parole period fixed at the time of the imposition of the further sentence: (a) supersedes any previous non-parole period that the offender is to serve or complete; and (b) must not be such as to render the offender eligible to be released on parole earlier than would have been the case if the further sentence had not been imposed; and

Sentencing Act 1995 44 (c) must not be less than the non-parole period required to be fixed in accordance with section 53AA, 53A, 55, 55A or 148, as the case may be, in respect of the further sentence.

59 Order of service of sentences of imprisonment Where an offender has been sentenced to several terms of imprisonment in respect of any of which a non-parole period was fixed, the offender must serve: (a) the term or terms in respect of which a non-parole period was not fixed; and (b) the non-parole period; and (c) unless and until released on parole, the balance of the term or terms after the end of the non-parole period; in that order.

60 Sentences of imprisonment – whether concurrent or cumulative (1) A court which imposes a term of imprisonment for an offence against a law of the Territory on an offender already undergoing a sentence or sentences of imprisonment for an offence against a law of the Commonwealth must direct when the new term commences, which must be no later than immediately after: (a) the completion of that sentence or those sentences if a non-parole period or pre-release period (as defined in Part lB of the Crimes Act 1914 (Cth)) was not fixed in respect of it or them; or (b) the end of that period, if one was fixed. (2) This section has effect despite anything to the contrary in any other Act.

60A Sentence of imprisonment for escaping from lawful custody (1) If an offender is sentenced to a term of imprisonment for escaping from lawful custody (the escape sentence): (a) the escape sentence must be served at the end of all other sentences the offender is liable to serve; and (b) if a non-parole period has been fixed in relation to one or all of the other sentences – the non-parole period is extended by the term of imprisonment under the escape sentence.

Sentencing Act 1995 45 (2) However, if the offender is serving a life sentence and a non-parole period has not been fixed, and parole is granted on a review, the escape sentence must be served before the parole takes effect. (3) If a court quashes the sentence of imprisonment that the offender was serving at the time of his or her escape, the court must make the orders it considers appropriate in relation to the escape

61 Sentence of imprisonment on default of payment of fine Every term of imprisonment imposed on an offender in default of payment of a fine or sum of money must, unless otherwise directed by the court, be served: (a) cumulatively on any incomplete sentence or sentences of imprisonment imposed on the offender for the default of a payment of a fine or sum of money; and (b) concurrently with any incomplete sentence or sentences of imprisonment imposed on the offender, whether the other sentence was or the other sentences were imposed before or at the same time as that term.

62 Commencement of sentences of imprisonment (1) Subject to this Division, a sentence of imprisonment commences on the day it is imposed unless the offender is not then in custody in which case it commences on the day he or she is apprehended under a warrant of commitment issued in respect of the sentence. (2) Where an offender to whom subsection (3) applies is, in the period during which service of the sentence is suspended under that subsection, imprisoned under another sentence, the unexpired portion of the suspended sentence takes effect: (a) if it is to be served cumulatively on the sentence or sentences the offender is then undergoing, on the day that sentence is, or those sentences are, completed; or (b) in any other case, at the end of the period of suspension. (3) Where an offender sentenced to a term of imprisonment and allowed to be or to go at large pending an appeal or the consideration of any question of law reserved or case stated is imprisoned under another sentence at the time when the appeal, question of law or case stated is finally determined, the first- mentioned sentence or the unexpired portion of it takes effect:

Sentencing Act 1995 46 (a) if it is to be served cumulatively on the sentence or sentences the offender is then undergoing, on the day that sentence is, or those sentences are, completed; or (b) in any other case, on the day on which the appeal, question of law or case stated is finally determined. (4) Subsection (3) applies unless the sentencing court or the court determining the appeal, question of law or case stated otherwise directs.

63 Calculation of term of imprisonment (1) Despite anything to the contrary in this or any other Act or in a rule of law or practice, a sentence of imprisonment must be calculated exclusive of any time during which service of the sentence is suspended under section 62(2) or (3). (3) Where an offender serving a sentence of imprisonment is subject to an order made under section 23 of the Mental Health Act 1980 as in force before the commencement of the Mental Health and Related Services Act 1998, the time that the offender is subject to the order or at the hospital counts in calculating the term to be served. (4) Except as expressly provided or expressly ordered, a sentence of imprisonment on conviction on indictment, takes effect from the day the court passes sentence on the offender and a sentence of imprisonment on summary conviction takes effect from the commencement of the offender's custody under the sentence. (5) Subject to section 45(5), if an offender has been in custody on account of the offender's arrest for an offence and the offender is convicted of that offence and sentenced to imprisonment it may be ordered that such imprisonment must be regarded as having commenced on the day on which the offender was arrested or on any other day between that day and the day on which the court passes sentence.

63A Effect on term of imprisonment of absence from custodial correctional facility (1) This section applies in relation to an offender who is sentenced to a term of imprisonment and is absent from a custodial correctional facility for a period (the absence period). (2) Any part of the absence period during which the offender is in the lawful custody of the Commissioner (as defined in section 9(1) of the Correctional Services Act 2014) is the offender's lawful absence period.

Sentencing Act 1995 47 (3) Any part of the absence period during which the offender is unlawfully absent (as defined in section 9(2) of the Correctional Services Act 2014) is the offender's unlawful absence period. (4) In calculating the term to be served: (a) the offender's lawful absence period (if any) does count as time served; and (b) the offender's unlawful absence period (if any) does not count as time served.

64 Further sentence if person on parole (a) a person is sentenced in the Territory to a term of imprisonment for an offence that was committed while a parole order under the Parole Act 1971 was in force for the person; and (b) the parole order: (i) was revoked by the Chairperson under section 5B(1)(b) of the Parole Act 1971 before the person was sentenced or committed; or (ii) was cancelled by a court under section 6 of the Parole Act 1971 before the person was sentenced or committed; or (iii) is taken, under section 5D of the Parole Act 1971, to have been revoked because of the sentence or commitment. (2) The court that sentences or commits the person must also order the person to be imprisoned for: (a) if the parole order was revoked or cancelled as mentioned in subsection (1)(b)(i) or (ii) – the term that the person had not served when released from a custodial correctional facility under the parole order minus the part of the term the person served after the parole order was revoked or cancelled; or (b) otherwise – the term that the person had not served when released from a custodial correctional facility under the parole

Sentencing Act 1995 48 (3) The term of imprisonment to be served in accordance with subsection (2) starts at the end of the term of imprisonment to which the person is sentenced or committed for the offence mentioned in subsection (1). (4) In this section: Chairperson, see section 3(1) of the Parole Act 1971. offence includes an offence against an Act or regulation of the Commonwealth.

65 Indefinite sentence – imposition (1) In this section, violent offence means: (a) an offence: (i) that, in fact, involves the use, or attempted use, of violence against a person; and (ii) for which an offender may be sentenced to imprisonment for life; or (c) an offence against section 208HB, 208J, 208JA, 208JB, 208K, 208KA or 208KB of the Criminal Code; or (d) an offence of attempting to commit an offence against section 208H of the Criminal Code; or (e) an offence against section 127, 128 or 192 of the Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023. (2) The Supreme Court may sentence an offender convicted of a violent offence or violent offences to an indefinite term of imprisonment. (3) An order under this section may be made on the Supreme Court's initiative or on an application made by the prosecutor. (4) The Supreme Court must not fix a non-parole period in respect of an indefinite sentence. (5) The Supreme Court must specify in the order imposing an indefinite sentence a nominal sentence of a period equal to the period that it would have fixed had it not imposed an indefinite sentence.

Sentencing Act 1995 49 (6) Where the Supreme Court imposes more than one indefinite sentence on an offender convicted of more than one violent offence in the same proceeding, the Court must specify one nominal sentence that must apply to all the indefinite sentences. (7) Where an offender is serving an indefinite sentence and the offender is convicted of another violent offence, the Supreme Court must, if it imposes an indefinite sentence on the offender for the other violent offence, specify one nominal sentence that applies to all the indefinite sentences. (8) The Supreme Court must not impose an indefinite sentence on an offender unless it is satisfied that the offender is a serious danger to the community because of any of the following: (a) the offender's antecedents, character, age, health or mental condition; (b) the severity of the violent offence; (c) any special circumstances. (9) In determining whether the offender is a serious danger to the community, the Supreme Court must have regard to the following: (a) whether the nature of the offence is exceptional; (b) the offender's antecedents, age and character; (c) any medical, psychiatric, custodial correctional facility or other relevant report in relation to the offender; (d) the risk of serious physical harm to members of the community if an indefinite sentence were not imposed; (e) the need to protect members of the community from the risk referred to in paragraph (d). (10) Subsection (9) does not limit the matters to which the Supreme Court may have regard in determining whether to impose an indefinite sentence. (11) For subsection (9), the Supreme Court may order the preparation and provision to the Court of such medical, psychiatric, custodial correctional facility and other reports as the Court considers relevant.

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66 Prosecution to inform Court (1) Where a prosecutor intends to make an application under section 65(3), the prosecutor must inform the Supreme Court after the offender has been convicted of the offence. (2) An application under section 65(3) must be made not later than 14 days after the conviction. (3) On being informed under subsection (1), the Supreme Court must remand the offender in custody and must not admit the offender to bail.

67 Adjournment The Supreme Court may impose an indefinite sentence on the offender only where: (a) the offender is advised at, or shortly after, the time of conviction that the court may consider imposing an indefinite sentence on: (i) its own initiative; or (ii) an application made by counsel for the prosecution; and (b) the court has, after advising the offender under paragraph (a), adjourned the offender's sentencing for not less than 28 days or such shorter period where the offender and counsel for the prosecution agree, from the day of conviction of the violent offence so that evidence on sentence may be called by the prosecution and the offender.

68 Evidence (1) Subject to the admissibility of the evidence, before the Supreme Court imposes an indefinite sentence it must hear evidence: (a) called by the prosecutor; and (b) given or called by the offender, if the offender elects to give or call evidence. (2) Subject to subsection (3), the rules of evidence apply to evidence given or called under subsection (1). (3) In proving the severity of a violent offence, the transcript of the trial and submissions made on sentence are admissible.

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69 Court to give reasons (1) Where the Supreme Court imposes an indefinite sentence it must give reasons for imposing the sentence. (2) Reasons referred to in subsection (1) must be given at the time an indefinite sentence is imposed.

70 Onus of proof The prosecution has the onus of proving that an offender is a serious danger to the community.

71 Standard of proof The Supreme Court may make a finding that an offender is a serious danger to the community only if it is satisfied: (a) by acceptable and cogent evidence; and (b) to a high degree of probability; that the evidence is of sufficient weight to justify the finding.

72 Review – periodic (1) Where the Supreme Court imposes an indefinite sentence, it: (a) must for the first time review the indefinite sentence not later than 6 months after an offender has served: (i) 50% of the offender's nominal sentence; or (ii) if the offender's nominal sentence is imprisonment for life, 13 years of the nominal sentence; and (b) must review the indefinite sentence at subsequent intervals of not more than 2 years from when the last review was made. (2) Subject to section 73, the Director of Public Prosecutions must make the application that is required to be made to cause the reviews referred to in subsection (1) to be carried out.

73 Review – application by offender (1) An offender imprisoned on an indefinite sentence may apply to the Supreme Court for the indefinite sentence to be reviewed at any time after the Supreme Court makes its first review under section 72(1)(a), if the Supreme Court gives leave to apply, on the ground that there are exceptional circumstances that relate to the

Sentencing Act 1995 52 (2) The court must immediately forward a copy of the application to the Director of Public Prosecutions. (3) Not later than 14 days after the making of the application, the court must give directions to enable the application to be heard. (4) Subject to any directions given by the court, the application must be heard not later than 28 days from the day on which it is made.

74 Discharge of indefinite sentence (1) Unless it is satisfied to a high degree of probability that the offender is still a serious danger to the community when a review is made under section 72 or 73, the Supreme Court must: (a) order that the indefinite sentence is discharged; and (b) sentence the offender under this Act for the violent offence for which the indefinite sentence was imposed. (2) Where the Supreme Court does not make an order under subsection (1)(a), the indefinite sentence continues in force. (3) A sentence imposed under subsection (1)(b): (a) is taken to have started on the day the indefinite sentence was originally imposed; and (b) takes the place of the indefinite sentence; and (c) must be not less than the nominal sentence.

75 Re-integration programs (1) An offender sentenced under section 74(1)(b) may apply to be released to a prescribed program, of not less than 5 years duration, that is designed to assist the offender to re-integrate into the (2) Where a term of imprisonment imposed under section 74(1)(b) ends within 5 years after the offender's release to a program mentioned in subsection (1), the term of imprisonment is taken, for subsection (1), to extend until the end of the 5 years. (3) An offender may apply, in the prescribed manner, to be discharged from a program to which the offender was released under subsection (1) at any time after the end of the term of imprisonment imposed under section 74(1)(b).

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76 Proper officer to give report (1) On the hearing of a review under section 72 or 73, the Supreme Court may direct the proper officer of the Supreme Court to give to the Court such reports, as the Court considers appropriate, to assist the Court in conducting the review. (2) A person who is requested to give a report referred to in subsection (1) must comply with the request. (3) A report referred to in subsection (1) must be relevant to the period from the time the indefinite sentence was imposed on the offender or the last review was made by the Supreme Court. (4) A report referred to in subsection (1) is in addition to any other evidence that may be placed before the Supreme Court. (5) An offender is entitled to: (a) cross examine a person who made a report referred to in subsection (1) and any other witnesses; and (b) call evidence in rebuttal of a report and any other evidence.

77 Appeals (1) An offender may appeal to the Court of Criminal Appeal against the refusal of the Supreme Court to make an order under section 74(1). (2) The Director of Public Prosecutions may appeal to the Court of Criminal Appeal against an order of the Supreme Court made under section 74(1). (3) On an appeal under this section, the Court of Criminal Appeal may, in the case of an appeal under: (a) subsection (1), confirm the refusal and dismiss the appeal or uphold the appeal and make the order that it thinks ought to have been made; or (b) subsection (2), confirm the order and dismiss the appeal or uphold the appeal and quash the order made. (4) An indefinite sentence revives on the quashing of an order under subsection (1) and the original warrant to commit or other authority for the offender's imprisonment is to be regarded as again in force.

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78 Hearings – offender to be present (1) Subject to this section, the offender must be present during the hearing of: (a) evidence under section 68; and (b) an application made under section 72 or 73. (2) The Supreme Court may order that, at the time evidence under section 68 is to be heard, the person in charge of the place where the offender is imprisoned must bring the offender before the Supreme Court. (3) On the hearing of an application made under section 72 or 73, the Supreme Court may order the person in charge of the place where the offender is imprisoned to bring the offender before the Supreme Court. (4) Where the offender acts in a way that makes the hearing of the evidence or application in the offender's presence impracticable, the Supreme Court may order that: (a) the offender be removed; and (b) the hearing of the application continue in the offender's absence. (5) Where the Supreme Court is satisfied that the offender is unable to be present during the hearing of the evidence or application because of the offender's illness or another reason, the Supreme Court may allow the offender to be absent during the whole or a part of the hearing if it is satisfied that: (a) the offender's interests will not be prejudiced by the hearing continuing in the offender's absence; and (b) the interests of justice require that the hearing should continue in the offender's absence. 78AA Aggravated property offences Each of the following is an aggravated property offence: (a) an offence against section 193B, 218, 220, 221 or 225(3) of the Criminal Code;

Sentencing Act 1995 55 (b) an offence against section 224 of the Criminal Code if the damage or interference causes damage of a serious nature or that results in a loss of more than $5 000; (c) an offence against section 228AB of the Criminal Code if: (i) in committing the offence, the offender: (A) caused any injury to another person; or (B) endangered the life or safety of the public or a member of the public; or (ii) the vehicle, vessel or aircraft is worth $20 000 or more; or (iii) the vehicle, vessel or aircraft is damaged by the offender and either of the following applies: (A) the cost of repairing or compensating for the damage is $1 000 or more; (B) the value of the vehicle, vessel or aircraft is reduced by $1 000 or more; or (iv) the vehicle, vessel or aircraft was taken with the intention of being used for or in connection with the commission of another offence other than a regulatory offence or an offence of strict liability; or (v) as a result of the commission of the offence, the whereabouts of the vehicle, vessel or aircraft is unknown to the person entitled to possession of it for 48 hours or longer; (d) an offence against section 241 or 241A of the Criminal Code; (e) an attempt to commit an offence against section 220 or 221 of the Criminal Code.

78A Purpose The purpose of this Division is to ensure that community disapproval of persons committing aggravated property offences is adequately reflected in the sentences imposed on those persons.

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78B Aggravated property offences (1) A court that finds a person guilty of an aggravated property offence must take into account the purpose of this Division before sentencing the person in relation to the offence. (2) Unless there are exceptional circumstances in relation to the offence or the offender, a court that records a conviction against an offender found guilty of an aggravated property offence must: (a) order the offender to serve a term of imprisonment that is not suspended in whole or in part; or (b) make an intensive community correction order in relation to the offender and make the order subject to a home detention condition; or (c) make a community correction order or an intensive community correction order in relation to the offender and make the order subject to a condition that the offender must participate, for the (4) Nothing in subsection (2) is to be taken to affect the power of a court to make any other order authorised by or under this or any other Act, including a community correction order or an intensive community correction order subject to other conditions in addition to the conditions mentioned in subsection (2), in addition to an order made in accordance with the subsection.

78C Definitions impose a minimum sentence, see section 78CA. impose a term of actual imprisonment, see section 78CB. offensive weapon, see section 1 of the Criminal Code. physical harm, in relation to a person, means a physical injury that interferes with the person's health.

Sentencing Act 1995 57 violent offence means: (a) an offence against a provision of the Criminal Code listed in Schedule 2; or (b) an offence substantially corresponding to an offence mentioned in paragraph (a) against: (i) a law that has been repealed; or (ii) a law of another jurisdiction (including a jurisdiction outside Australia). 78CA Imposition of minimum sentence (1) If a court is required to impose a minimum sentence of a specified period of actual imprisonment in relation to an offender, the court: (a) must record a conviction against the offender; and (b) must sentence the offender to a term of imprisonment of not less than the specified period; and (c) must not make an order under section 40 in relation to the term of imprisonment; and (d) must not make an intensive community correction order in relation to the offender. (2) Despite subsection (1), if the offender is a youth: (a) a provision of Subdivision 2 requiring a court to impose a minimum sentence of a specified period does not apply in relation to the offender; and (b) the court must instead comply with section 78CB as if that section applied to the case. youth, see section 6 of the Youth Justice Act 2005. 78CB Imposition of term of actual imprisonment (1) If a court is required to impose a term of actual imprisonment in relation to an offender the court must: (a) record a conviction against the offender; and (b) sentence the offender to a term of imprisonment.

Sentencing Act 1995 58 (2) In addition to subsection (1), the court may: (a) make an order under section 40 in relation to part, but not the whole of, the term of imprisonment; or (b) make an intensive community correction order, subject to a home detention condition, in relation to the offender. 78D Offence against section 155A of Criminal Code involving assault section 155A of the Criminal Code that was committed by assaulting a person. (2) The court must impose a minimum sentence of 12 months actual and (c) the offender has previously been convicted of a violent offence (3) The court must impose a minimum sentence of 3 months actual and (c) the offender has not previously been convicted of a violent (4) The court must impose a term of actual imprisonment in relation to the offender if the offender has previously been convicted of a violent offence (whenever committed) but the court is not required to impose a minimum sentence under subsection (2).

Sentencing Act 1995 59 78DAA Offence against section 188A of Criminal Code – imprisonment section 188A of the Criminal Code. (2) The court must impose a term of actual imprisonment in relation to the offender if: (a) the victim suffered physical harm as a result of the offence; and (b) the offender has previously been convicted of a violent offence 78DAB Offence against section 188A of Criminal Code – community correction order (1) The court must sentence an offender in accordance with this section if: (a) the court finds the offender guilty of an offence against section 188A of the Criminal Code; and and (c) the court is not required to impose a term of actual imprisonment under section 78DAA in relation to the offender; and (d) the court has decided not to impose a custodial order under

Division 5 for the offence. (2) The court must: (a) make a community correction order in relation to the offender (with or without recording a conviction); and (b) if the conditions mentioned in section 36 can be satisfied in relation to the offender – impose a condition mentioned in section 34(1)(a) on the community correction order. 78DA Offence against section 189A of Criminal Code – imprisonment section 189A of the Criminal Code.

Sentencing Act 1995 60 (2) The court must impose a minimum sentence of 12 months actual and (c) the offender has previously been convicted of a violent offence (3) The court must impose a minimum sentence of 3 months actual imprisonment in relation to the offender if the victim suffered physical harm as a result of the offence but the court is not required to impose a minimum sentence under subsection (2). (3A) The court must impose a minimum sentence of 3 months actual imprisonment in relation to the offender if the circumstances mentioned in section 189A(2)(ab) of the Criminal Code apply in relation to the offence but the court is not required to impose a minimum sentence under subsection (2) or (3). (4) The court must impose a term of actual imprisonment in relation to the offender if the offender has previously been convicted of a violent offence (whenever committed) but the court is not required to impose a minimum sentence under subsection (2), (3) or (3A). 78DBA Offence against section 189A of Criminal Code – community correction order (1) The court must sentence an offender in accordance with this section if: (a) the court finds the offender guilty of an offence against section 189A of the Criminal Code; and (b) the court is not required to impose a minimum sentence of actual imprisonment or impose a term of actual imprisonment under section 78DA in relation to the offender; and (c) the court has decided not to impose a custodial order under Division 5 for the offence. (2) The court must: (a) make a community correction order in relation to the offender (with or without recording a conviction); and

Sentencing Act 1995 61 (b) if the conditions mentioned in section 36 can be satisfied in relation to the offender – impose a condition mentioned in section 34(1)(a) on the community correction order. 78DB Exceptional circumstances exemption (1) If a court is required to impose a minimum sentence of a specified period of actual imprisonment for an offence and the court is satisfied that the circumstances of the case are exceptional: (a) a provision of this Subdivision requiring the court to impose a minimum sentence of a specified period does not apply in relation to the offender; and (b) the court must instead comply with section 78CB as if that section applied to the case. (2) In deciding whether it is satisfied that circumstances of a case are exceptional, the court may have regard to: (a) any victim impact statement or victim report presented to the court under section 106B; and (b) any other matter the court considers relevant. (3) The following do not constitute exceptional circumstances of a case: (a) that the offender was voluntarily intoxicated by alcohol, drugs or a combination of alcohol and drugs at the time the offender committed the offence; (b) that another person: (i) was involved in the commission of the offence; or (ii) coerced the person to commit the offence.

78F Imprisonment for sexual offences (1) Where a court finds an offender guilty of a sexual offence, the court must record a conviction and must order that the offender serve: (a) a term of actual imprisonment; or (b) a term of imprisonment that is suspended by it partly but not wholly.

Sentencing Act 1995 62 (2) Nothing in subsection (1) is to be taken to affect the power of a court to make any other order authorised by or under this or any other Act in addition to an order under subsection (1).

78P Interpretation (1) In this Part, offence includes a aggravated property offence. (2) A word or phrase used in this Part that is defined in the Mental Health and Related Services Act 1998 has the meaning given in that Act.

79 Assessment orders (1) Where a person is found guilty of an offence and the court: (a) is of the opinion that the person: (i) appears to be mentally ill or mentally disturbed; and (ii) may benefit from being admitted to and treated in an (b) receives written advice from the Chief Health Officer that facilities are available to undertake an assessment of the person's suitability for an order under section 80; it may make an order that the person be admitted to and detained in an approved treatment facility for a period not exceeding 72 hours as specified in the order to enable an assessment to be made of his or her suitability for an order under section 80. (2) At the expiry of an order made under subsection (1), or at any time before then, the court may: (a) in accordance with section 80, make an order under that section; or (b) pass sentence on the person according to law. (3) Where at any time before the expiry of an order made under subsection (1), the court receives written advice from the Chief Health Officer that the person is not mentally ill or mentally disturbed, or that the detention of the person in an approved treatment facility is unnecessary or inappropriate, the court must pass sentence on the person according to law.

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80 Approved treatment facility orders (1) Where a person is found guilty of an offence and the court: (a) is satisfied by the production of a certificate, in the prescribed form, of the Chief Health Officer or by any other evidence that: (i) the person appears to be mentally ill or mentally disturbed; and (ii) the person may benefit from being treated in an (b) receives written advice from the Chief Health Officer that facilities are available at an approved treatment facility to treat the person and the admission, detention and treatment is appropriate; it may: (c) order that the person be admitted to and detained at the discretion of the Chief Health Officer in an approved treatment facility to enable the diagnosis, assessment and treatment of the person under the Mental Health and Related Services Act 1998; or (d) order that the person be admitted to and detained in an approved treatment facility to enable the diagnosis, assessment and treatment of the person under the Mental Health and Related Services Act 1998 for a period, not exceeding 3 months, as specified in the order; or (e) order that the person be admitted to and detained in an approved treatment facility to enable the treatment of the person under the Mental Health and Related Services Act 1998 for a period specified in the order. (2) The court may, after consulting with the Chief Health Officer or an approved person, impose conditions on an order under subsection (1) to ensure the security and good order of the person. (3) Conditions under subsection (2) may include: (a) whether the person must be detained in a particular part of the (b) whether the person must be kept under guard at the approved treatment facility; and

Sentencing Act 1995 64 (c) whether the person may be granted leave of absence from the (d) whether the person, if the person is a prisoner, is to be subject to the same restrictions as applying to the person if he or she were in a custodial correctional facility. (4) An order made under subsection (1) is to be consistent with recommendations made in the report provided to the court under section 79. (5) Where an order is made under subsection (1), the person is to be treated under the Mental Health and Related Services Act 1998 and is entitled to exercise the rights conferred by that Act. (6) Unless the court orders otherwise, where: (a) an order made under subsection (1)(d) or (e) is in force in respect of a person; and (b) the person is discharged from an approved treatment facility under this Act or the Mental Health and Related Services Act 1998; the person must be: (c) taken to a custodial correctional facility in accordance with section 84; and (d) returned to the court on the first available sitting day. (7) A person returned to the court under subsection (6) may be dealt with by the court as if he or she were before the court on being found guilty of the offence in respect of which the order under subsection (1)(d) or (e) was made. (8) Where the court makes an order under subsection (1)(c), the person cannot be detained for longer than 3 months but may be discharged by the Chief Health Officer before the 3 months expires. (9) A court must not make an order under subsection (1)(e) unless, but for the mental illness or mental disturbance of the person, it would have sentenced the person to a term of imprisonment. (10) Where a court makes an order under subsection (1)(e), it: (a) must not specify a period of detention in an approved treatment facility that is longer than the period of imprisonment to which the person would have been sentenced had the order not been made; and

Sentencing Act 1995 65 (b) must, subject to Part 3, Division 5, Subdivision 3, fix a non-parole period in accordance with that Subdivision as if the order were a term of imprisonment. (11) At any time before the end of the period specified in an order under subsection (1)(e) an authorised psychiatric practitioner nominated by the Chief Health Officer or the Tribunal may in pursuance of the Mental Health and Related Services Act 1998 order the discharge of the person named in the order from the approved treatment facility and the order has effect as a sentence of imprisonment for the unexpired portion of it and that unexpired portion must be served in a custodial correctional facility unless the person is released on parole. (12) A non-parole period fixed under subsection (10) is only relevant in the circumstances referred to in subsection (11).

81 Expiration of certain approved treatment facility orders (1) At the expiry of an order made under section 80(1)(d), or at any time before then, the court after considering a report from an authorised psychiatric practitioner nominated by the Chief Health Officer specifying the results of the diagnosis, assessment and treatment of the person may: (a) make a further order in respect of the person under section 80(1)(d); or (b) pass sentence, including by way of an order under section 80(1)(e), on the person according to law. (2) Where at any time before the expiry of an order made under section 80(1)(d), the court receives advice in writing from an authorised psychiatric practitioner nominated by the Chief Health Officer that the person is not mentally ill or mentally disturbed, or that the detention of the person in an approved treatment facility is unnecessary or inappropriate, the court must pass sentence on the person according to law. (3) Where a court in passing sentence under subsection (1)(b) imposes a term of imprisonment on the person or makes an order that the person be detained in an approved treatment facility under section 80(1)(e), it must deduct the period of time that the person was detained under the order made under section 80(1)(d).

82 Consent to treatment Subject to section 83, a court must not make an order under this Part relating to the treatment of a person unless the consent of the person to the treatment is obtained.

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83 Treatment under this Part A person is not to receive treatment without his or her consent except under the Mental Health and Related Services Act 1998 relating to involuntary admission and treatment.

84 Custody of admitted person (1) A court, when making an order under this Part, may include in the order the name of the person who is to be responsible for taking the (a) to the approved treatment facility named in the order; and (b) from the approved treatment facility to the court in connection with the exercise by the court of its powers under this Part. (2) A copy of the order and the advice or report, as the case may be, of the Chief Health Officer is to accompany the offender to the approved treatment facility named in the order.

85 Variation of approved treatment facility orders (1) A court that has made an order under section 80 may, on application under this subsection, if satisfied that the offender is no longer willing to comply with the order or a condition to which the order is subject, vary or cancel the order and deal with the offender for the offence with respect to which it was made in any manner in which the court could deal with the offender if it had just found the offender guilty of the offence. (2) An application under subsection (1) may be made at any time while the order is in force by: (a) the offender; or (b) a prescribed person or a member of a prescribed class of persons; or (c) the prosecutor; or (d) an authorised psychiatric practitioner nominated by the Chief Health Officer. (3) Notice of an application under subsection (1) must be given to: (a) the offender; and

Sentencing Act 1995 67 (b) where the sentencing court was: (i) the Supreme Court – the Director of Public Prosecutions; or (ii) the Local Court – the complainant or informant. (4) A court may order that a warrant to arrest the offender be issued

86 Breach of approved treatment facility orders (1) Where, it appears to a prescribed person or a member of a prescribed class of persons, that an offender has failed to comply with an order made under section 80, he or she may apply, in the prescribed form, to the court that made the order for the making of an order under this section. (2) Notice of an application under subsection (1) must be given to the (3) A court may order that a warrant to arrest the offender be issued (4) Where, on the hearing of an application under this section, a court is satisfied, by evidence on oath or by affidavit or by the admission of the offender, that the offender has failed without reasonable excuse to comply with the order, it may: (a) vary the order; or (b) cancel the order and deal with the offender for the offence with respect to which the order was made in any manner in which the court could deal with the offender if it had just found the offender guilty of the offence.

87 Application of this Division A court may make an order under this Division whether or not it records a conviction and where the offender is acquitted on the ground of voluntary intoxication in the circumstances set out in section 383 of the Criminal Code.

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88 Orders for restitution and compensation A court may order an offender do any one or more of the following: (a) pay compensation for injury suffered by a person in the course of or in connection with the commission of an offence; (b) make restitution of property taken in the course of or in connection with the commission of an offence; (c) pay compensation for the loss or destruction or damage to property that occurs in the course of or in connection with the commission of an offence.

89 Reimbursement of costs of restoring property etc. (1) A court may order an offender to pay the reasonable costs incurred by the Territory arising out of the commission of the offence including the costs of removing, disposing, dispersing, destroying, rehabilitating and cleaning up a thing used in or associated with the commission of the offence. (2) For subsection (1), a thing includes real property.

90 Making of order (1) An order under this Division is in addition to any other order to which an offender is liable. (2) Where an offence is taken into account under section 107 in imposing sentence on an offender for another offence, the court may make an order under this Division. (4) A court may make an order for restitution under this Division only where it is satisfied that there has been property loss and that the person claiming the loss is entitled to recover the property. (5) A court must not make an order under this Division where the person whose property was taken, lost, destroyed or damaged does not consent to the order being made.

91 Application for order (1) An order under this Division may be made on the court's own motion or on the application of the prosecutor. (2) Nothing in subsection (1) requires a prosecutor to make an application on behalf of a person.

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92 Form of order An order under this Division may specify: (a) the amount to be paid by way of restitution, compensation or costs; and (b) the person to whom restitution is to be made or compensation is, or costs are, to be paid; and (c) the time within which restitution is to be made; and (d) the way in which restitution is to be made, compensation is, or costs are, to be paid.

93 Imprisonment for breach of order (1) A court which makes an order under this Division may order that the offender be imprisoned if the offender fails to comply with the (2) A term of imprisonment ordered to be served under subsection (1) must not be longer than 12 months. (3) In making an order under subsection (1), a court may give such directions as it thinks fit for the enforcement of the order including a direction that the offender appear before the court: (a) at a time and place stated in the direction; or (b) when called on by notice; to show cause why the offender should not be imprisoned because of the offender's failure to comply with the order. (4) Where an offender fails to appear as required by a direction under subsection (3), the court may issue a warrant to arrest the offender and for the offender to be brought before the court to show cause in accordance with the direction. (5) In addition to subsection (4), where it appears to a court that there are reasonable grounds for believing that an offender has failed to comply with an order made under this Division, the court may issue a warrant to arrest the offender and for the offender to be brought before the court to show cause why the offender should not be imprisoned because of the offender's failure to comply with the

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94 Extension of time of order (1) A court which makes an order under this Division for non-monetary restitution of property may extend the time stated in the order within which the restitution is to be made. An extension of time to pay, and enforcement of payment of, an order under this Division for the payment of money by way of restitution or compensation is dealt with by the Fines Recovery Unit under the Fines and Penalties (Recovery) Act 2001. (2) A court which grants an extension of time under subsection (1) may vary the extended time.

97 Orders not to affect other rights Nothing in this Division affects the right of a person to bring and maintain a civil action except that anything done or paid under an order made under this Division must be taken into account in any award of damages. 97AA Definitions identification information, see section 228A of the Criminal Code. victim, see section 228A of the Criminal Code. 97AB Court may issue certificate to victim (1) The court may issue a certificate to the victim if: (a) the court is sentencing a person for an offence against section 228C, 228D or 228E of the Criminal Code; and (b) the victim of the offence has not already obtained a certificate under section 28C of the Local Court (Civil Procedure) Act 1989; and (c) the court is satisfied on the balance of probabilities that a certificate under this Division may assist a victim to deal with any problems the commission of the offence has caused in relation to the victim's personal or business affairs. (2) The court may issue a certificate on its own initiative or on application by the prosecution.

Sentencing Act 1995 71 97AC Content of certificate (1) The certificate must: (a) identify the victim of the offence; and (b) explain how identification information relating to the victim was used to commit the offence; and (c) contain any other information the court considers appropriate in order to assist the victim to deal with any problems the commission of the offence has caused in relation to the victim's personal or business affairs. (2) Despite subsection (1), a certificate must not identify the person who committed the offence to which it relates.

97A When court may make order (1) This section applies when a court sentences an offender for an offence (a significant offence) the maximum penalty for which is imprisonment for 12 months or more. (2) The court may make one or more of the following orders if the court considers doing so may prevent the offender from committing another significant offence: (a) a non-association order prohibiting the offender from one or both of the following as specified in the order: (i) being in company with one or more specified persons during a specified period; (ii) communicating in any way (including by post, fax, phone and other electronic means, and whether directly or indirectly) with one or more specified persons during a specified period; (b) a place restriction order prohibiting the offender, except as provided in the order, from visiting one or more specified places (including a district or specific location) during a specified period. (3) The period specified under subsection (2)(a) or (b): (a) is not limited by any term of imprisonment imposed on the offender; but

Sentencing Act 1995 72 (b) must not exceed 12 months. (4) An order imposed on the offender under subsection (1): (a) is in addition to, and not instead of, any other penalty for the offence; but (b) must not be made if the court makes one or more orders under this Act in relation to the offence without recording a conviction for the offence. (5) This section does not limit the court's power to make another order or direction in relation to the offence under this or another Act. (6) Without limiting subsection (5), this section does not affect the court's power to impose a condition under section 40(2).

97B Explanation of order (1) A court that has imposed a non-association order or place restriction order on an offender must ensure all reasonable steps are taken to explain to the offender (in language the offender can readily understand): (a) the offender's obligations under the order; and (b) the consequences of not complying with the order. (2) The order is not invalidated by a failure to comply with subsection (1).

97C Commencement of order A non-association order or place restriction order commences on the date it is made or another date specified in the order.

97D Contravention of order (1) A person is guilty of an offence if the person: (a) is subject to a non-association order or place restriction order; and (b) contravenes the order. Maximum penalty: 100 penalty units or imprisonment for 6 months. (2) Subsection (1) does not apply if the person contravened the order in compliance with another court order.

Sentencing Act 1995 73 (3) It is a defence for an offence against subsection (1) if the defendant proves that: (a) the defendant has a reasonable excuse; or (b) for a non-association order – the defendant, having unintentionally associated with a person specified in the order under section 97A(2)(a), terminated the association immediately. (4) In subsection (3), a reference to an association with the specified person is a reference to being in company, or communicating, with the specified person in contravention of the order.

97E Variation of order on application (1) A person who is subject to a non-association order or place restriction order may apply for a variation or revocation of the order. (2) The application must be made to the court that made the order. (3) The application must be accompanied by a copy of the order and each previous variation made to the order. (4) The application may be made only by leave of the court. (5) The leave may be granted only if the court is satisfied it should grant the leave in the interest of justice, having regard to changes in the applicant's circumstances since the order was made or last varied. (6) The court may refuse to consider granting the leave if it is satisfied the application is frivolous or vexatious. (7) If the leave is granted: (a) the court must give notice of the application to each party to the proceedings in which the order was made; and (b) the party is entitled to be heard in relation to the application. (8) The court must deal with the application by: (a) varying or revoking the order as the court considers appropriate in the circumstances; or (b) dismissing the application.

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97F Variation of order following conviction (1) This section applies to a person who: (a) is subject to a non-association order or place restriction order in relation to an offence; and (b) is subsequently sentenced by a court for another offence. (2) The court may vary or revoke the order when sentencing the person for the other offence.

97G Order may not be extended by variation The power to vary an order under section 97E or 97F does not include a power to extend the period specified in the order under section 97A(2)(a) or (b).

97H Certain information not to be published or broadcast (1) A person is guilty of an offence if the person publishes or broadcasts, or otherwise discloses to someone: (a) the fact that a named person is specified in a non-association order under section 97A(2)(a) (whether the order is still in force); or (b) any information calculated to identify such a person. Maximum penalty: 200 penalty units. (2) Subsection (1) does not apply in relation to: (a) the publication or broadcasting of a report that is authorised by a court; and (b) the disclosure of information to any of the following persons: (i) the person subject to the order (the offender); (ii) a person involved in administering the order or other penalty imposed on the offender; (iii) a person specified in the order under section 97A(2)(a); (iv) a person involved in proceedings for an alleged breach of the order; (v) a person to whom the information is required to be disclosed under a law in force in the Territory;

Sentencing Act 1995 75 (vi) a police officer; (vii) a person authorised by a court to receive the information.

98 Cancellation of driver's licence Where a person found guilty or convicted of an offence used a motor vehicle when committing or to facilitate the commission of the offence, the court may, if the offender: (a) holds a driver's licence, cancel the licence and, if the court thinks fit, disqualify the offender from obtaining one for such time as it thinks fit; or (b) does not hold a driver's licence, disqualify the offender from obtaining one for such time as it thinks fit.

99 Passport orders (1) Where an offender is convicted of an offence, the court may, in addition to any other order it may make under this Act, order that the offender do any of the following: (a) remain in Australia or the Territory; (b) not apply for or obtain an Australian passport; (c) surrender every passport, whether Australian or foreign, held by the offender. (2) An offender who contravenes an order made under subsection (1) is guilty of an offence. Maximum penalty: Imprisonment for 2 years. (3) Where a court makes an order under subsection (1)(c): (a) the passport or passports must be given to the proper officer of the court; and (b) the proper officer of the court must keep the passport or passports in such custody as he or she thinks fit for such period, or on the occurrence of any contingency, as is specified by the court; and

Sentencing Act 1995 76 (c) the passport or passports must, in accordance with the terms specified under paragraph (b), be returned to the offender unless the court orders otherwise. (4) Where a court makes an order under subsection (1)(b) or (c), the proper officer of the court must, as soon as is practicable after the order is made, give a copy of it to the Minister administering the Australian Passports Act 2005 (Cth). (5) An order under subsection (1) remains in force for the duration of the sentence (whether or not the sentence is one that involves, in whole or part, a term of imprisonment). (6) Where an order under subsection (1) requires the offender to surrender a passport: (a) the passport must be given to the proper officer of the court; and (b) the proper officer must keep the passport in such custody as the proper officer considers appropriate until: (i) the passport is returned under subsection (7); or (ii) the authority that issued the passport requests its return; whichever happens first. (7) Where a passport is still in the custody of the proper officer of the court when the order under subsection (1) finishes, the proper officer must return it to the offender.

99A Forfeiture of property orders (1) If a court imposes a term of imprisonment or a fine on an offender, the court may also order that property owned by the offender and used in the commission of the offence for which the offender is being sentenced is forfeited to the Territory. (2) If a court finds a person guilty of a forfeiture offence as defined in the Liquor Act 2019, the court must determine any forfeiture of a vehicle, vessel or aircraft as if a forfeiture application were made by a police officer under Part 12, Division 2, of that Act.

Division 1 Conditions, requirements and signing of orders Sentencing Act 1995 77 Division 1 Conditions, requirements and signing of orders 100 Condition of order to undertake treatment program Where a court may attach a condition to an order or require an offender to give an undertaking, the court may, as a condition of the order or as part of the undertaking, require an offender to undertake a prescribed treatment program.

101 Consent of offender to conditional order A court must not make an order which has attached to it conditions or which requires an offender to give an undertaking unless the conditions are explained to the offender in accordance with section 102 and the offender consents to: (a) the order being made and to the conditions being attached; or (b) the conditions being included in the undertaking.

102 Explanation of orders (1) Where a court proposes to make an order which has attached to it conditions to which an offender is required to consent or which requires an offender to give an undertaking, it must, before making the order, explain or cause to be explained to the offender, in language likely to be readily understood by the offender: (a) the purpose and effect of the proposed order; and (b) the consequences that may follow if the offender fails without reasonable excuse to comply with the proposed order; and (c) where the proposed order requires the offender to undertake a program referred to in section 100, the benefits and detriments of the program, including the medical risks and benefits of any drugs used in the program; and (d) the manner in which the proposed order may be varied. (2) Non-compliance with subsection (1) does not affect the validity of the order.

102A Signing of orders (1) This section applies to the following orders: (a) an order made under section 40;

Sentencing Act 1995 78 (b) a community correction order; (c) an intensive community correction order; (f) an order varying or confirming an order mentioned in paragraph (a), (b) or (c). (2) On the making of the order, the offender must not leave the precincts of the court without signing the order. (3) A police officer may, without a warrant, arrest an offender who the police officer suspects, on reasonable grounds, has failed to comply with subsection (2).

103 Assessment of offender before certain orders made (1) A court must, before imposing a sentence on an offender that requires the offender to be under the supervision of a probation and parole officer or community youth justice officer, have regard to a report of the Commissioner or CEO (Youth Justice) as to the suitability of the offender to be under supervision. (2) A report under subsection (1) may be in writing or given orally to the

104 Information before passing sentence or making order (1) A court may, before passing sentence on an offender, receive such information as it thinks fit to enable it to impose the proper (2) A court may, before making an order for restitution or compensation under Part 5, Division 1, receive such information as it thinks fit to enable it to make the proper order.

104A Special provisions regarding cultural information (1) This section applies if, as part of the sentencing process, a party to proceedings seeks to present information to a court about: (a) an aspect of any form of customary law (including any punishment or restitution under that law); or (b) a cultural practice.

Sentencing Act 1995 79 (2) Despite section 104, before agreeing to receive the information the court must have regard to: (a) whether the party intends to present the information in the form of evidence on oath, an affidavit or a statutory declaration; and (b) whether each other party to the proceedings: (i) has been given notice that the information will be presented to the court; and (ii) has had a reasonable opportunity to respond to the information.

105 Court may order pre-sentence report A court may, before passing sentence on an offender, order a pre-sentence report in respect of the offender and adjourn the proceedings to enable the report to be prepared and may admit the offender to bail or remand the offender in custody.

106 Contents of pre-sentence report (1) A pre-sentence report may set out all or any of the following matters which, on investigation, appear to the author of the report to be relevant to the sentencing of the offender and are readily ascertainable by him or her: (a) the age of the offender; (b) the social history and background of the offender; (c) the medical and psychiatric history of the offender; (d) the offender's educational background; (e) the offender's employment history; (f) the circumstances of other offences of which the offender has been found guilty and which are known to the court; (g) the extent to which the offender is complying with a sentence currently imposed on the offender; (h) the offender's financial circumstances; (j) any special needs of the offender;

Sentencing Act 1995 80 (k) any courses, programs, treatment, therapy or other assistance that could be available to the offender and from which the offender may benefit. (2) The author of a pre-sentence report shall include in the report any other matter relevant to the sentencing of the offender which the court has directed to be set out in the report.

106A Definitions In this Subdivision: harm includes: (a) physical injury; and (b) psychological or emotional suffering, including grief; and (ba) contraction or fear of contraction of a sexually transmissible medical condition; and (c) pregnancy; and (d) economic loss. relative includes a relative according to Aboriginal tradition or contemporary social practice, a spouse and a de facto partner. victim means: (a) a person who suffers harm arising from an offence; or (b) where the person mentioned in paragraph (a) dies as a result of the commission of the offence, a person who was a relative of, or who was financially or psychologically dependent on, the person. victim impact statement means an oral or written statement prepared for section 106B(1) containing details of the harm suffered by a victim of an offence arising from the offence. victim report means an oral or written statement, prepared by the prosecutor for section 106B(2), containing details of the harm suffered by a victim of an offence arising from the offence.

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