16AMandatory imprisonment for offence causing serious bodily harm to police officer

### 16A Mandatory imprisonment for offence causing serious bodily harm to police officer > [*\[Section 16A Inserted by No. 26 of 2014, s. 4, Applied:17 Dec 2014\]*](/view/html/inforce/2014-12-17/act-2014-026#GS4@EN) > > > (1)  Despite [section 7](#GS7@EN) , if – > > > > > > (a) a person is convicted of an offence, against a provision of an Act, committed in relation to a police officer while the police officer was on duty; and > > > > > > > (b) the police officer suffered serious bodily harm caused by, or arising from, the offence – > > > > a court that convicts the person, and a court that imposes a sentence upon the conviction of the person, in respect of the offence must, unless there are exceptional circumstances, order the person to serve in respect of the offence a term of imprisonment of not less than 6 months. > > > (2)  For the purposes of this section, an offence is to be taken to be committed in relation to a police officer only if the person who committed the offence knows, or ought reasonably be expected to know, that bodily harm to a police officer may be caused by, or arise from, the offence. > > > (3)  [Subsection (1)](#GS16A@Gs1@EN) applies in relation to an offence against a provision of an Act even if the Act – > > > > > > (a) does not indicate that the offence is punishable by imprisonment; or > > > > > > > (b) indicates that the offence is punishable by imprisonment for a term of less than 6 months – > > > > but, in either such case, the term of imprisonment that is, in accordance with [subsection (1)](#GS16A@Gs1@EN) , to be imposed in respect of the offence is to be 6 months. > > > (4)  If an order has been made, in accordance with [subsection (1)](#GS16A@Gs1@EN) , that a person must serve in respect of an offence a term of imprisonment of not less than 6 months, a court must not – > > > > > > (a) make any other order in respect of the offence; or > > > > > > > (b) amend an order in respect of the offence – > > > > if the effect of that other order or amendment would be that the person is not imprisoned for a term of at least 6 months in respect of the offence. > > > (5)  [Section 10(2)(b)(v)](#GS10@Gs2@Hpb@Hqv@EN) does not apply in relation to an offence to which [subsection (1)](#GS16A@Gs1@EN) applies, to the extent that [section 10(2)(b)(v)](#GS10@Gs2@Hpb@Hqv@EN) might otherwise be taken to require [subsections (1)](#GS16A@Gs1@EN) and [(3)](#GS16A@Gs3@EN) to apply to an offence in relation to which a finding of guilt has been made but a conviction has not been recorded. > > > (6)  Nothing in this section, apart from [subsection (7)](#GS16A@Gs7@EN) , is to be taken to prevent the application of [section 11](#GS11@EN) in relation to an offence to which [subsection (1)](#GS16A@Gs1@EN) applies. > > > (7)  [Subsection (3)](#GS16A@Gs3@EN) and [section 11(2)](#GS11@Gs2@EN) are each not to be taken to prevent the making of an order imposing, in respect of an offence to which [subsection (1)](#GS16A@Gs1@EN) applies, a term of imprisonment of more than 6 months if the order is imposed, in accordance with [section 11(1)](#GS11@Gs1@EN) , in respect of more than one offence, including but not limited to more than one offence to which [subsection (1)](#GS16A@Gs1@EN) applies. > > > (8)  [Section 12](#GS12@EN) does not apply in relation to an offence to which [subsection (1)](#GS16A@Gs1@EN) applies. > > > (9)  Nothing in this section, apart from [subsections (4)](#GS16A@Gs4@EN) and [(8)](#GS16A@Gs8@EN) , is to be taken to prevent a court making, in respect of an offence to which [subsection (1)](#GS16A@Gs1@EN) applies, an order (including an order imposing a penalty) that is an order in addition to an order imposing in respect of the offence a term of imprisonment in accordance with this section.