TASIn ForceAct
Sentencing Act 1997
7Sentencing orders
Start here
Get a plain-English read of 7
Turn the raw legal text into a practical explanation grounded in Sentencing Act 1997.
### 7 Sentencing orders
> A court that finds a person guilty of an offence may, in accordance with this Act and subject to any enactment relating specifically to the offence –
>
> > > (a) record a conviction and order that the offender serve a term of imprisonment; or
> >
> > > (ab) [*\[Section 7 Amended by No. 21 of 2007, s. 4, Applied:20 Aug 2007\]*](/view/html/inforce/2007-08-20/act-2007-021#GS4@EN) [*\[Section 7 Amended by No. 48 of 2016, s. 5, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS5@Hpa@EN) if the court is constituted by a magistrate or is the Supreme Court or the Court of Criminal Appeal,, record a conviction and make a drug treatment order under [Part 3A](#HP3A@EN) in respect of the offender; or
> >
> > > (b) record a conviction and order that the offender serve a term of imprisonment that is wholly or partly suspended; or
> >
> > > (c) [*\[Section 7 Amended by No. 22 of 1999, s. 6, Applied:01 Feb 2000\]*](/view/html/inforce/2000-02-01/act-1999-022#GS6@Hpa@EN) [*\[Section 7 Amended by No. 51 of 2017, s. 5, Applied:14 Dec 2018\]*](/view/html/inforce/2018-12-14/act-2017-051#GS5@EN) record a conviction and make a home detention order under [section 42AC](#GS42AC@EN) in respect of the offender, if the offender has attained the age of 18 years; or
> >
> > > (d) [*\[Section 7 Amended by No. 22 of 1999, s. 6, Applied:01 Feb 2000\]*](/view/html/inforce/2000-02-01/act-1999-022#GS6@Hpb@EN) [*\[Section 7 Amended by No. 51 of 2017, s. 5, Applied:14 Dec 2018\]*](/view/html/inforce/2018-12-14/act-2017-051#GS5@EN) with or without recording a conviction, make a community correction order under [section 42AN](#GS42AN@EN) in respect of the offender, if the offender has attained the age of 18 years; or
> >
> > > (e) [*\[Section 7 Amended by No. 2 of 2017, s. 5, Applied:31 Mar 2017\]*](/view/html/inforce/2017-03-31/act-2017-002#GS5@EN) with or without recording a conviction, order the offender to pay a fine; or
> >
> > > (ea) [*\[Section 7 Amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005\]*](/view/html/inforce/2005-03-30/act-2004-067#JS1@Ja10@GC2@EN) in the case of a family violence offence, with or without recording a conviction, make a rehabilitation program order; or
> >
> > > (eb) [*\[Section 7 Amended by No. 48 of 2016, s. 5, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS5@Hpb@EN) adjourn the proceedings, grant bail under the [Bail Act 1994](/view/html/inforce/2026-04-12/act-1994-009) and, by order, defer, in accordance with [Division 1](#HP8@HD1@EN) of [Part 8](#HP8@EN) , sentencing the offender until a date specified in the order; or
> >
> > > (f) with or without recording a conviction, adjourn the proceedings for a period not exceeding 60 months and, on the offender giving an undertaking with conditions attached, order the release of the offender; or
> >
> > > (g) record a conviction and order the discharge of the offender; or
> >
> > > (h) without recording a conviction, order the dismissal of the charge for the offence; or
> >
> > > (i) impose any other sentence or make any order, or any combination of orders, that the court is authorised to impose or make by this Act or any other enactment.