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Sentencing Act 1995
108Time and place of sentence
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108 Time and place of sentence
(1) Subject to Division 3A, the sentence for an offence may be imposed
in open court at any time and place in the Territory.
Sentencing Act 1995 88
(2) A court at a trial of an offence or receiving a plea of guilty to an
offence may, when it thinks it desirable in the interests of justice so
to do and from time to time if necessary:
(a) fix, or indicate by reference to a fact or event, the time; and
(b) fix the place;
at which the sentence is to be imposed.
(3) A court which is to impose sentence for an offence may:
(a) admit the person to bail; or
(b) make an order or orders for the removal in custody of the
person from one place in the Territory to another.
(4) A person to be sentenced for an offence is taken, while in custody
pending sentencing, to be in the lawful custody of the
Commissioner, the CEO (Youth Justice) or the Commissioner of
Police (according to whether the person is in a custodial
correctional facility, in a detention centre as defined in section 5(1)
of the Youth Justice Act 2005 or in police custody).
(5) This section does not take away from any power of a court under
statute or at common law.