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Sentencing Act 1995
45When court may make order
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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.