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.