Australian Capital Territory
Crimes (Sentencing) Act 2005    
A2005-58
Republication No 22
Effective:  13 August 2012 – 23 April 2013
Republication date: 13 August 2012
Last amendment made by A2012‑29

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Crimes (Sentencing) Act 2005 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 13 August 2012.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 13 August 2012.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Crimes (Sentencing) Act 2005

Contents
	Page
Chapter 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against Act—application of Criminal Code etc	3
Chapter 2	Objects and important concepts
	6	Objects of Act	4
	7	Purposes of sentencing	4
	8	Meaning of offender	5
Chapter 3	Sentencing and non-conviction options
Part 3.1	General
	9	Imposition of penalties	6
Part 3.2	Sentences of imprisonment
	10	Imprisonment	7
	11	Periodic detention	8
	12	Suspended sentences	9
Part 3.3	Non-custodial sentences
	13	Good behaviour orders	11
	14	Fines—orders to pay	13
	15	Fines—maximum amounts	14
	15A	Fines—security for payment	14
	16	Driver licence disqualification orders—motor vehicle theft	15
	17	Non-conviction orders—general	16
	18	Non-conviction orders—ancillary orders	18
	19	Reparation orders—losses and expenses generally	19
	20	Reparation orders—stolen property	20
Part 3.4	Non-association and place restriction orders
	21	Definitions—pt 3.4	22
	22	Application—pt 3.4	22
	23	Non-association and place restriction orders—when may be made	22
	24	Non-association and place restriction orders—maximum period	23
	25	Non-association and place restriction orders—explanation and official notice	24
	26	Non-association order—disclosure of identifying information	25
Part 3.5	Deferred sentence orders
	27	Deferred sentence orders—making	27
Part 3.6	Combination sentences
	28	Application—pt 3.6	29
	29	Combination sentences—offences punishable by imprisonment	29
	30	Combination sentences—offences punishable by fine	31
	31	Combination sentences—start and end	31
Chapter 4	Sentencing procedures generally
Part 4.1	General principles
	32	Power to reduce penalties	33
	33	Sentencing—relevant considerations	33
	34	Sentencing—irrelevant considerations	37
	35	Reduction of sentence—guilty plea	37
	36	Reduction of sentence—assistance to law enforcement authorities	39
	37	Reduction of sentence—statement by court about penalty	41
	38	Sentences of imprisonment and uncompleted young offender orders	41
	39	Judgment after sentence deferred	42
Part 4.2	Pre-sentence reports
	40	Application—pt 4.2	43
	40A	Pre-sentence report matters	43
	41	Pre-sentence reports—order	45
	42	Pre-sentence reports by assessors	47
	43	Pre-sentence reports—powers of assessors	48
	44	Pre-sentence reports—provision to court	50
	45	Pre-sentence reports—availability of written reports	50
	46	Pre-sentence reports—cross-examination	51
Part 4.3	Victim impact statements
	47	Definitions—pt 4.3	52
	48	Application—pt 4.3	53
	49	Victim impact statements—who may make	53
	50	Victim impact statements—oral or written	53
	51	Victim impact statements—form and contents	54
	52	Victim impact statements—use in court	54
	53	Victim impact statements—effect	55
Part 4.4	Taking additional offences into account
	54	Definitions—pt 4.4	57
	55	Application—pt 4.4	57
	56	List of additional offences	58
	57	Outstanding additional offences taken into account in sentencing	58
	58	Ancillary orders relating to offences taken into account in sentencing	59
	59	Consequences of taking offences into account in sentencing	60
	60	Evidence of offences taken into account in sentencing	60
Part 4.5	Correction and adjustment of penalties
	61	Reopening proceedings to correct penalty errors	62
Chapter 5	Imprisonment
Part 5.1	Imprisonment—start and end of sentences
	62	Start and end of sentences—general rule	64
	63	Start of sentences—backdated sentences	65
Part 5.2	Imprisonment—nonparole periods
	64	Application—pt 5.2	66
	65	Nonparole periods—court to set	66
	66	Nonparole periods—setting if sentence currently being served	67
	67	Nonparole periods—recommended conditions	68
	68	Nonparole periods—review of decision on nonparole period	68
Part 5.3	Imprisonment—concurrent and consecutive sentences
	69	Definitions—pt 5.3	70
	70	Application—pt 5.3	70
	71	Concurrent and consecutive sentences—general rule	71
	72	Concurrent and consecutive sentences—offences while in custody or unlawfully absent	71
	73	Concurrent and consecutive sentences—fine default offences	72
	74	Amendment of start of sentences on setting aside or amending other sentences	73
	75	Previous sentences to be noted in new sentence	73
Part 5.4	Periodic detention
	76	Application—pt 5.4	74
	77	Periodic detention—eligibility	74
	78	Periodic detention—suitability	75
	79	Periodic detention—pre-sentence report matters	76
	80	Periodic detention—concurrent and consecutive periods	77
Part 5.5	Imprisonment—explanation and information
	81	Application—pt 5.5	78
	82	Imprisonment—explanation to offender	78
	83	Imprisonment—written record of explanation	80
	84	Imprisonment—official notice of sentence	81
Chapter 6	Good behaviour orders
Part 6.1	Good behaviour orders—community service conditions
	85	Meaning of community service condition—pt 6.1	83
	86	Application—pt 6.1	83
	87	Community service—convicted offenders only	83
	88	Community service—eligibility	84
	89	Community service—suitability	84
	90	Community service—pre-sentence report matters	85
	91	Community service—hours to be performed	86
	92	Community service—concurrent and consecutive orders	87
Part 6.2	Good behaviour orders—rehabilitation program conditions
	93	Definitions—pt 6.2	88
	94	Application—pt 6.2	88
	95	Rehabilitation programs—probation condition required	88
	96	Rehabilitation programs—eligibility	88
	97	Rehabilitation programs—suitability	89
	98	Rehabilitation programs—pre-sentence report matters	91
	99	Rehabilitation programs—maximum period	91
	100	Rehabilitation programs—concurrent and consecutive orders	91
Part 6.3	Good behaviour orders—explanations and official notice
	101	Application—pt 6.3	92
	102	Good behaviour orders—explanation to offenders	92
	103	Good behaviour orders—official notice of order	92
	104	Good behaviour orders—explanation and notice to sureties	94
Part 6.4	Good behaviour orders—other provisions
	105	Good behaviour—consequences of failure to sign undertaking	96
	106	Good behaviour—maximum amount of security	96
Chapter 7	Reparation orders
	107	Application—ch 7	98
	108	Reparation orders—no agreement about amount of loss etc	98
	109	Reparation orders—payment by instalments	98
	110	Reparation orders—evidential basis for orders	98
	110A	Reparation orders—enforcing non-money order	99
	111	Reparation orders—power to make other orders etc	100
	112	Reparation orders—Confiscation of Criminal Assets Act	100
	113	Reparation orders—official notice of order	101
Chapter 8	Deferred sentence orders
Part 8.1	Deferred sentence orders—making
	114	Application—pt 8.1	102
	115	Meaning of deferred sentence obligations—pt 8.1	102
	116	Deferred sentence orders—eligibility	102
	117	Deferred sentence orders—suitability	103
	118	Deferred sentence orders—indication of penalties	104
	119	Deferred sentence orders—review requirements in orders	104
	120	Deferred sentence orders—obligations	104
	121	Deferred sentence orders—explanation and official notice	104
	122	Deferred sentence orders—period of effect	105
Part 8.2	Deferred sentence orders—supervision
	123	Application—pt 8.2	106
	124	Deferred sentence orders—arrest without warrant	106
	125	Deferred sentence orders—arrest warrant	106
	126	Deferred sentence orders—review	107
	127	Deferred sentence orders—notice of review	108
Part 8.3	Deferred sentence orders—amendment or cancellation
	128	Deferred sentence orders—court’s powers on review	109
	129	Deferred sentence orders—when amendments take effect	109
	130	Deferred sentence orders—when cancellation takes effect	110
	131	Deferred sentence orders—effect of cancellation	111
Part 8.4	Deferred sentence orders—other provisions
	132	Deferred sentence orders—automatic cancellation on bail revocation	112
	133	Deferred sentence orders—relationship with Bail Act	112
Chapter 8A	Sentencing young offenders
Part 8A.1	General
	133A	Purpose—ch 8A	114
	133B	Meaning of young offender—Act	114
	133C	Young offenders—purposes of sentencing	114
	133D	Young offenders—sentencing—additional relevant considerations	114
	133E	Young offenders—pre-sentence report matters	115
	133F	Young offenders—director‑general may give court information about availability of resources	115
	133G	Young offenders—sentences of imprisonment	115
	133H	Young offenders—imprisonment to be at detention place	116
	133I	Young offenders—non-association and place restriction orders	116
	133J	Young offenders—notice of orders to parent etc	117
	133K	Young offenders—references to corrections officer	118
Part 8A.2	Young offenders—good behaviour orders
Division 8A.2.1	Young offenders—good behaviour orders generally
	133L	Young offenders—community service—hours to be performed	119
	133M	Young offenders—good behaviour orders—conditions	119
Division 8A.2.2	Good behaviour orders—education and training conditions
	133N	Meaning of education and training condition—Act	120
	133O	Application—div 8A.2.2	120
	133P	Education and training conditions—for young offenders convicted or found guilty	120
	133Q	Education and training conditions—eligibility	120
	133R	Education and training conditions—suitability	121
	133S	Education and training conditions—maximum period	122
	133T	Education and training conditions—2 or more good behaviour orders	122
Division 8A.2.3	Good behaviour orders—supervision conditions
	133U	Meaning of supervision condition—Act	123
	133V	Supervision conditions—when required	123
	133W	Supervision conditions—maximum period	124
	133X	Supervision conditions—2 or more good behaviour orders	124
Part 8A.3	Young offenders—accommodation orders
	133Y	Meaning of accommodation order—Act	125
	133Z	Accommodation orders—for young offenders convicted or found guilty	125
	133ZA	Accommodation orders—eligibility	125
	133ZB	Accommodation orders—suitability	126
	133ZC	Accommodation orders—maximum period	127
	133ZD	Accommodation orders—2 or more orders	127
Chapter 9	Miscellaneous
	134	Operation of ancillary and restitution orders	128
	135	Reparation—other actions for recovery	129
	136	Information exchanges between criminal justice entities	130
	137	Reduction of sentence—appeal if assistance undertaking breached	131
	138	Effect of failure to comply with Act	132
	139	Regulation-making power	132
Chapter 11	Transitional—Children and Young People Act 2008
	200	Meaning of commencement day—ch 11	133
	201	Application of amendments	133
	203	Expiry—ch 11	133
Dictionary		134
Endnotes
	1	About the endnotes	140
	2	Abbreviation key	140
	3	Legislation history	141
	4	Amendment history	145
	5	Earlier republications	153

Australian Capital Territory
Crimes (Sentencing) Act 2005

An Act to consolidate and reform the law about sentencing offenders, and for other purposes

    

Chapter 1	Preliminary
1	Name of Act
This Act is the Crimes (Sentencing) Act 2005.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘domestic violence offence—see the Domestic Violence and Protection Orders Act 2008, section 13 (2).’ means that the term ‘domestic violence offence’ is defined in that dictionary and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). 
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, section 133 deals with the meaning of offence penalties that are expressed in penalty units.

Chapter 2	Objects and important concepts
6	Objects of Act
The objects of this Act include the following:
	(a)	to promote respect for the law and the maintenance of a just and safe society;
	(b)	to provide a range of sentencing options;
	(c)	to maximise the opportunity for imposing sentences that are constructively adapted to individual offenders;
	(d)	to promote flexibility in sentencing;
	(e)	to consolidate legislation relating to the imposition of sentences.
7	Purposes of sentencing
	(1)	A court may impose a sentence on an offender for 1 or more of the following purposes:
	(a)	to ensure that the offender is adequately punished for the offence in a way that is just and appropriate;
	(b)	to prevent crime by deterring the offender and other people from committing the same or similar offences;
	(c)	to protect the community from the offender;
	(d)	to promote the rehabilitation of the offender;
	(e)	to make the offender accountable for his or her actions;
	(f)	to denounce the conduct of the offender;
	(g)	to recognise the harm done to the victim of the crime and the community.
	(2)	To remove any doubt, nothing about the order in which the purposes appear in subsection (1) implies that any purpose must be given greater weight than any other purpose. 
Note	However, see s 133C in relation to the sentencing of a young offender.
8	Meaning of offender
In this Act:
offender—
	(a)	means a person convicted or found guilty of an offence by a court, and includes a young offender; but
	(b)	for part 4.2 (Pre-sentence reports)—see section 40.

Chapter 3	Sentencing and non-conviction options

Part 3.1	General
9	Imposition of penalties
	(1)	The penalty a court may impose for an offence is the penalty provided under this Act or any other territory law.
	(2)	Chapter 4 (Sentencing procedures generally) applies to the imposition of all penalties imposed by a court, whether under this Act or otherwise.
Note 1	Under this Act, a court has the following sentencing and non-conviction options:
·	imprisonment served by full-time detention at a correctional centre or detention place (see s 10, ch 5 and s 133H)
·	imprisonment served by periodic detention at a correctional centre (see s 11 and pt 5.4)
·	suspension of a sentence of imprisonment (see s 12)
·	good behaviour order (see s 13 and ch 6)
·	fine order (see s 14 and s 15)
·	driver licence disqualification order (see s 16)
·	non-conviction order (see s 17 and s 18)
·	reparation order (see s 19, s 20 and ch 7)
·	non-association order (see pt 3.4)
·	place restriction order (see pt 3.4)
·	deferred sentence order (see s 27 and ch 8)
·	accommodation order (young offenders only) (see pt 8A.3).
Note 2	A court may also impose a combination sentence combining 2 or more of the options listed in note 1 or otherwise available under a territory law (see pt 3.6).

Part 3.2	Sentences of imprisonment
10	Imprisonment
	(1)	This section applies if a court is sentencing an offender convicted of an offence punishable by imprisonment.
	(2)	The court may, by order, sentence the offender to imprisonment, for all or part of the term of the sentence, if the court is satisfied, having considered possible alternatives, that no other penalty is appropriate.
Note 1	An order sentencing an offender to imprisonment may be part of a combination sentence together with other sentencing options (see pt 3.6).
Note 2	See s 133G for additional matters that apply in sentencing a young offender to imprisonment.
	(3)	If the court sentences the offender to imprisonment, the sentence must be served by full-time detention at a correctional centre, unless—
	(a)	the court orders otherwise; or
	(b)	the offender is released from full-time detention under this Act or another territory law.
Example for par (a)
the court makes a suspended sentence order
Examples for par (b)
1	the court sets a period of the sentence to be served by periodic detention
2	release on parole under the Crimes (Sentence Administration) Act 2005
Note 1	For a young offender who is under 21 years old when the sentence is imposed, see s 133H.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	If the court sentences the offender to imprisonment, the court must record the reasons for its decision.
	(5)	Failure to comply with subsection (4) does not invalidate the sentence of imprisonment.
	(6)	This section also applies subject to any contrary intention in the law that directly or indirectly creates the offence or directly or indirectly affects its scope or operation.
	(7)	This section is subject to chapter 5 (Imprisonment).
11	Periodic detention
	(1)	This section applies if—
	(a)	an offender is convicted of an offence; and
	(b)	the court sentences the offender to imprisonment for the offence.
	(2)	The court may, in the order sentencing the offender to imprisonment, set a period of the sentence of imprisonment (a periodic detention period) to be served by periodic detention.
Note	A periodic detention period may be part of a combination sentence together with other sentencing options (see pt 3.6).
	(3)	The periodic detention period—
	(a)	may be for all or part of the offender’s sentence of imprisonment; but
	(b)	must be for a period of at least 3 months and not longer than 2 years.
	(4)	When the court sets the periodic detention period, the court must state—
	(a)	when the periodic detention period starts and ends; and
	(b)	the day the first detention period under the Crimes (Sentence Administration) Act 2005 for the offender is to start.
	(5)	The court may also recommend any condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005, that the court considers appropriate for the offender’s periodic detention.
Examples of conditions
see the examples to section 13 (3) (g) (Good behaviour orders)
Note 1	A condition recommended by the court is, under the Crimes (Sentence Administration) Act 2005, an additional condition of the offender’s periodic detention (see that Act, s 40, def additional condition, par (a)).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(6)	This section is subject to chapter 5 (Imprisonment).
Note	See, in particular, pt 5.4 about eligibility and suitability for, and other matters in relation to, periodic detention. 
12	Suspended sentences
	(1)	This section applies if—
	(a)	an offender is convicted of an offence; and
	(b)	the court sentences the offender to imprisonment for the offence.
	(2)	The court may make an order (a suspended sentence order) suspending all or part of the sentence of imprisonment.
	(3)	If the court makes a suspended sentence order, the court must also make a good behaviour order for the period during which the sentence is suspended or for any longer period that the court considers appropriate.
Note	A suspended sentence order may be part of a combination sentence together with other sentencing options (see pt 3.6).
	(4)	If the court makes a suspended sentence order fully suspending the sentence of imprisonment, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to the offender.
Note 1	For notice of a partly suspended sentence of imprisonment, see s 84.
Note 2	For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
	(5)	Failure to comply with subsection (4) does not invalidate the suspended sentence order.
	(6)	This section is subject to the following provisions:
	(a)	section 13 (Good behaviour orders);
	(b)	chapter 5 (Imprisonment);
	(c)	chapter 6 (Good behaviour orders).

Part 3.3	Non-custodial sentences
13	Good behaviour orders
	(1)	This section applies if an offender is convicted or found guilty of an offence.
Note	If a good behaviour order is made without convicting the offender (see s 17), it is also a non-conviction order (see s 17 (2)).
	(2)	The court may make an order (a good behaviour order) requiring the offender to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 for a stated period.
	(3)	A good behaviour order may include any or all of the following conditions:
	(a)	that the offender give security for a stated amount, with or without sureties, for compliance with the order;
Note	This paragraph does not apply to a young offender (see s 133M).
	(b)	a community service condition;
Note	A community service condition must not be included in the order unless the offender is convicted of the offence (see s 87).
	(c)	a rehabilitation program condition;
Note	A good behaviour order that includes a rehabilitation program condition must also include a probation condition or supervision condition (see s 95 and s 133V).
	(d)	a probation condition;
	(e)	that the offender comply with a reparation order;
	(f)	a condition prescribed by regulation for this paragraph;
	(g)	any other condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005, that the court considers appropriate.
Examples of conditions for par (g)
1	that the offender undertake medical treatment and supervision (eg by taking medication and cooperating with medical assessments)
2	that the offender supply samples of blood, breath, hair, saliva or urine for alcohol or drug testing if required by a corrections officer
3	that the offender attend educational, vocational, psychological, psychiatric or other programs or counselling
4	that the offender not drive a motor vehicle or consume alcohol or non‑prescription drugs or medications
5	that the offender regularly attend alcohol or drug management programs
Note 1	See s 133M for additional conditions available for young offenders (education and training conditions and supervision conditions).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	If the offence is punishable by imprisonment, a good behaviour order—
	(a)	may be made instead of imposing a sentence of imprisonment or as part of a combination sentence that includes imprisonment; and
	(b)	may apply to all or part of the term of the sentence.
	(5)	Subsection (4) does not, by implication, limit the sentences that a court may impose under this Act or another territory law.
	(6)	If the good behaviour order includes a community service condition, it is a community service order.
	(7)	If the good behaviour order includes a rehabilitation program condition, it is a rehabilitation program order.
	(8)	This section is subject to chapter 6 (Good behaviour orders).
14	Fines—orders to pay
	(1)	This section applies if an offender is convicted of an offence that is punishable by a fine.
	(2)	The court may make an order (a fine order) directing that the offender pay a fine for the offence.
Note	The Legislation Act, s 133, s 135 and s 136 deal with penalty units and the effect of the statement of a penalty for an offence in a territory law.
	(3)	The court is not required to inquire into the offender’s financial circumstances before making a fine order but must consider any facts established by the offender about the offender’s financial circumstances.
Note	Section 33 (1) (n) requires the court, in deciding how to sentence an offender, to consider the offender’s financial circumstances if relevant and known to the court.
	(4)	The court may make a fine order for the offender whether or not the offence is punishable by a fine otherwise than under this part.
	(5)	If a court makes a fine order, the court must state in the order—
	(a)	the amount of the fine; and
	(b)	how the fine is to be paid (for example, by stated instalments at stated times).
Note 1	The Victims of Crime Act 1994, s 25 (1) requires the amount of the victims services levy payable by a person (in relation to an offence to which that Act, pt 5 applies), to be stated on a fine order and on any notice or copy of the fine order given to the person.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(6)	If the Magistrates Court imposes a fine on an offender for an offence and the summons for the offence was served in accordance with the Magistrates Court Act 1930, section 116B (Service of summons for prescribed offence), the court must allow the offender at least 14 days for payment. 
	(7)	As soon as practicable after the court makes a fine order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender.
Note 1	If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act, s 49).
Note 2	For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
	(8)	Failure to comply with subsection (7) does not invalidate the fine order.
15	Fines—maximum amounts
The maximum fine that a court may impose for an offence is—
	(a)	if the offence is punishable by a fine otherwise than under this part—the maximum amount fixed for the fine; or
	(b)	in any other case—
	(i)	if the Supreme Court makes the order—$10 000; or
	(ii)	if the Magistrates Court makes the order—$2 000.
15A	Fines—security for payment
	(1)	If a court makes a fine order, the court may, in addition to allowing time for payment of an amount under the order, direct that the offender liable to pay the amount give security, to the satisfaction of the person specified by the court, with or without sureties, for payment of the amount.
	(2)	The security must be given, and may be enforced, in the way provided by the Magistrates Court Act 1930, part 3.12 (Securities in criminal matters).
16	Driver licence disqualification orders—motor vehicle theft
	(1)	This section applies if—
	(a)	an offender is convicted or found guilty of an offence against a territory law involving the theft of a motor vehicle; or
	(b)	an offender is convicted or found guilty of an offence against the Criminal Code, section 318 (Taking etc motor vehicle without consent).
Example for par (a)
an offence against any of the following provisions of the Criminal Code in relation to property that is a motor vehicle:
·	s 308 (Theft)
·	s 309 (Robbery)
·	s 310 (Aggravated robbery)
·	s 311 (Burglary)
·	s 312 (Aggravated burglary)
Note 1	Found guilty of an offence includes making a non-conviction order for the offence or taking the offence into account under s 57 (see Legislation Act, dict, pt 1).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The court sentencing the offender may make an order (a driver licence disqualification order) disqualifying the offender from holding or obtaining a driver licence under the Road Transport (Driver Licensing) Act 1999 for a period the court considers appropriate.
Note	The effect of disqualification is set out in the Road Transport (General) Act 1999, s 66.
	(3)	To remove any doubt, this section is additional to the court’s other powers under this Act or any other territory law, including, for example, the road transport legislation.
	(4)	As soon as practicable after the court makes a driver licence disqualification order, the court must ensure that written notice of the order, together with a copy of the order, is given to—
	(a)	the offender; and
	(b)	the road transport authority.
Note 1	If the order is part of a combination sentence, a single notice may be given to the offender for the sentences (see Legislation Act, s 49).
Note 2	For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
	(5)	Failure to comply with subsection (4) does not invalidate the driver licence disqualification order.
	(6)	In this section:
motor vehicle—see the Criminal Code, section 318 (3).
road transport legislation—see the Road Transport (General) Act 1999, section 6.
17	Non-conviction orders—general
	(1)	This section applies if an offender is found guilty of an offence.
	(2)	Without convicting the offender of the offence, the court may make either of the following orders (each of which is a non-conviction order):
	(a)	an order directing that the charge be dismissed, if the court is satisfied that it is not appropriate to impose any punishment (other than nominal punishment) on the offender;
	(b)	a good behaviour order under section 13.
Note	A good behaviour order for a non-conviction order cannot include a community service condition because the offender is not convicted of the offence (see s 87).
	(3)	In deciding whether to make a non-conviction order for the offender, the court must consider the following:
	(a)	the offender’s character, antecedents, age, health and mental condition;
	(b)	the seriousness of the offence;
	(c)	any extenuating circumstances in which the offence was committed.
	(4)	The court may also consider anything else the court considers relevant.
Note	An appeal may lie to the Supreme Court from a decision of the Magistrates Court to make a non-conviction order for an offender in the same circumstances as an appeal from a decision of the Magistrates Court in relation to an offender’s conviction for an offence (see Magistrates Court Act 1930, pt 3.10).
	(5)	If the court makes a non-conviction order under subsection (2) (a) for the offender, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to the offender.
Note 1	For notice of a good behaviour order under s (2) (b), see s 103.
Note 2	For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
	(6)	Failure to comply with subsection (5) does not invalidate the non‑conviction order.
	(7)	If the court makes a non-conviction order under subsection (2) (b), the good behaviour order must be for a term of no longer than 3 years.
	(8)	This section (other than subsection (7)) is subject to section 13 and chapter 6 (Good behaviour orders).
18	Non-conviction orders—ancillary orders
	(1)	This section applies if the court makes a non-conviction order for an offender for an offence.
	(2)	The court may make any ancillary order that it could have made if it had convicted the offender of the offence.
	(3)	The offender has the same rights of appeal in relation to the making of the ancillary order as the offender would have had if the order had been made on the conviction of the offender for the offence.
	(4)	This section is subject to section 134 (Operation of ancillary and restitution orders).
	(5)	In this section:
ancillary order means an order or direction in relation to any of the following:
	(a)	restitution;
	(b)	compensation;
	(c)	costs;
	(d)	forfeiture;
	(e)	destruction;
	(f)	disqualification or loss or suspension of a licence or privilege.
Examples
1	a reparation order
2	a driver licence disqualification order
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
19	Reparation orders—losses and expenses generally
	(1)	This section applies if—
	(a)	an offender is convicted or found guilty of an offence against a territory law; and
	(b)	a person (the injured person) suffers loss or incurs expense (including any out-of-pocket expense) as a direct result of the commission of the offence.
Note 1	Found guilty of an offence includes making a non-conviction order for the offence or taking the offence into account under s 57 (see Legislation Act, dict, pt 1).
Note 2	Certain victims of crimes may claim financial assistance under the Victims of Crime (Financial Assistance) Act 1983.
	(2)	Before the court sentences the offender or makes a non-conviction order for the offender, the director of public prosecutions may apply to the court for an order under this section.
	(3)	On application under subsection (2), or its own initiative, the court may make an order (a reparation order) requiring the offender to make reparation to the injured person, by way of a payment of money or otherwise, for the loss or expense.
Note	If the offence relates to stolen property, a reparation order may also be made under s 20 (see s 111).
	(4)	This section is subject to chapter 7 (Reparation orders) and section 134 (Operation of ancillary and restitution orders).
	(5)	In this section:
loss—see the Criminal Code, section 300.
20	Reparation orders—stolen property
	(1)	This section applies if an offender is convicted or found guilty of an offence against a territory law in relation to stolen property.
	(2)	Before the court sentences the offender or makes a non-conviction order for the offender, the director of public prosecutions may apply to the court for 1 or more orders under this section.
	(3)	On application under subsection (2), or its own initiative, the court may make the following orders (each of which is a reparation order):
	(a)	an order that a person having custody or possession of the stolen property restore it to someone entitled to recover it from the person;
	(b)	an order that the offender pay the value of the stolen property to a person who, if the stolen property were in the custody or possession of the offender, would be entitled to recover it from the offender.
Note	A reparation order may also be made under s 19 for the same offence (see s 111).
	(4)	If the court makes an order under subsection (3) (a), the court, on application under subsection (2), or its own initiative, may also make either or both the following orders (each of which is also a reparation order):
	(a)	if the court considers that the offender has sold the property to a purchaser who was acting honestly—an order that the offender pay the purchaser an amount not exceeding the amount paid by the purchaser;
	(b)	if the court considers that the offender has borrowed money on the security of the property from a lender acting honestly—an order that the offender pay the lender an amount not exceeding the amount owed to the lender under the loan.
	(5)	This section is subject to chapter 7 (Reparation orders) and section 134 (Operation of ancillary and restitution orders).
	(6)	In this section:
stolen property—see the Criminal Code, section 314 (Receiving—meaning of stolen property).
Note	Under the Criminal Code, stolen property includes tainted property.  Tainted property is the proceeds of the sale of stolen property, or property that is exchanged for stolen property.

Part 3.4	Non-association and place restriction orders
21	Definitions—pt 3.4
In this Act:
non-association order means an order prohibiting an offender from—
	(a)	being with a named person, or attempting to be with the person; or
	(b)	being with a named person or communicating in any way with the person, or attempting to be with the person or to communicate in any way with the person.
place restriction order means an order prohibiting an offender from being in, or within a stated distance of, a named place or area or attempting to be in, or within the stated distance, of the place or area.
22	Application—pt 3.4
This part applies if a court makes either or both of the following orders for an offender in relation to an offence:
	(a)	an order setting a periodic detention period;
	(b)	a good behaviour order.
23	Non-association and place restriction orders—when may be made
	(1)	The court may make a non-association order or place restriction order for the offender if—
	(a)	the offence is a personal violence offence; and
	(b)	the court is satisfied that it is necessary and reasonable to make the order for 1 or more of the following purposes:
	(i)	preventing the offender from harassing anyone or endangering the safety or welfare of anyone;
	(ii)	preventing the offender from committing further offences (including a personal violence offence);
	(iii)	assisting the offender to manage things that may make the offender more likely to commit further offences (including a personal violence offence) if not managed.
Note	See s 133I for an additional consideration that applies in sentencing a young offender.
	(2)	The restriction imposed on the offender by a non-association order or place restriction order, and the period of the order, must not be unreasonably disproportionate to the purpose for which the order is made.
	(3)	To remove any doubt, this section is additional to the court’s other powers under this Act or any other territory law.
	(4)	In this section:
harm—see the Criminal Code, dictionary.
personal violence offence means—
	(a)	an offence that involves causing harm, or threatening to cause harm, to anyone; or
	(b)	a domestic violence offence.
24	Non-association and place restriction orders—maximum period
	(1)	A non-association order or place restriction order—
	(a)	must be for a period of no longer than 12 months; and
	(b)	must state when it starts and the period for which it operates.
	(2)	To remove any doubt, the period of a non-association order or place restriction order is not limited by the term of any other sentence imposed for the offence for which the order is made.
Example
Sean is convicted of an offence.  The court decides that the appropriate penalty is 6 months periodic detention and a place restriction order. The place restriction order may be for longer than 6 months (but no longer than 12 months). 
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
25	Non-association and place restriction orders—explanation and official notice
	(1)	If a court makes a non-association order or place restriction order for the offender, the court must ensure that reasonable steps are taken to explain to the offender in general terms (and in language the offender can readily understand)—
	(a)	the nature of the order; and
	(b)	the offender’s obligations under the order; and
	(c)	the consequences if the offender breaches the obligations.
Note	An offender may breach the obligations by failing to comply with them (see Legislation Act, dict, pt 1, def breach).
	(2)	As soon as practicable after the court makes the non-association order or place restriction order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender.
Note	For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
	(3)	Failure to comply with this section does not invalidate the non‑association order or place restriction order.
26	Non-association order—disclosure of identifying information
	(1)	A person commits an offence if the person publishes—
	(a)	the fact that a person is someone (other than the offender) to whom a non-association order relates; or
	(b)	any information that could reasonably identify someone (other than the offender) to whom a non-association order relates.
Maximum penalty:  10 penalty units.
	(2)	Subsection (1) does not apply if the publication is—
	(a)	to a relevant person (see subsection (5)); or
	(b)	to a named person by, or in accordance with, a direction of a court; or
	(c)	part of an official report of a court proceeding and the publication is relevant to the proceeding.
	(3)	However, a court must not give a direction under subsection (2) (b) unless it is satisfied that the publication is in the interests of justice.
	(4)	An offence against this section is a strict liability offence.
	(5)	In this section:
relevant person means any of the following:
	(a)	the offender;
	(b)	a person (other than the offender) to whom the order relates;
	(c)	a police officer;
	(d)	anyone involved in the administration of the order, or any other penalty to which the offender is subject in relation to the offence for which the order was made;
	(e)	anyone involved in a proceeding for failure to comply with the non-association order;
	(f)	anyone stated in the non-association order as someone to whom the information may be published;
	(g)	anyone else to whom the information is required or allowed to be published under a law of the Territory, the Commonwealth, a State or another Territory.

Part 3.5	Deferred sentence orders
27	Deferred sentence orders—making
	(1)	This section applies if—
	(a)	an offender has been convicted or found guilty by a court of an offence punishable by imprisonment; and
	(b)	the court has not sentenced the offender for the offence; and
	(c)	the offender is neither serving, nor liable to serve, a term of imprisonment for another offence; and
	(d)	the court considers the offender should be given an opportunity to address his or her criminal behaviour, and anything that has contributed to the behaviour, before the court sentences the offender for the offence; and
	(e)	the court is satisfied that it may release the offender on bail under the Bail Act 1992.
	(2)	The court may make an order (a deferred sentence order) requiring the offender to appear before the court at the time and place stated in the order to be sentenced for the offence.
Note	The maximum period of the order is 12 months (see s 122 (1)).
	(3)	If the court makes a deferred sentence order for the offender, the court must release the offender on bail under the Bail Act 1992.
	(4)	A deferred sentence order applies to all offences for which the court may sentence the offender, whether or not they are punishable by imprisonment.
	(5)	A deferred sentence order may include any condition the court considers appropriate for subsection (1) (d).
Examples
see the examples to section 13 (3) (g) (Good behaviour orders)
Note 1	Bail may be granted subject to conditions (see Bail Act 1992, s 25).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(6)	This section is subject to chapter 8 (Deferred sentence orders).

Part 3.6	Combination sentences
28	Application—pt 3.6
This part applies if an offender is convicted of an offence.
29	Combination sentences—offences punishable by imprisonment
	(1)	If the offence is punishable by imprisonment, the court sentencing the offender may impose a sentence (a combination sentence) consisting of 2 or more of the following orders:
	(a)	an order sentencing the offender to imprisonment (whether as full-time detention, periodic detention or a combination of these kinds of imprisonment);
Note	A sentence of imprisonment must be served by full-time detention at a correctional centre or detention place unless the court otherwise orders, or the offender is released from detention under this Act or another territory law (see s 10 (3) and s 133H).
	(b)	a suspended sentence order;
	(c)	a good behaviour order;
	(d)	a fine order;
	(e)	a driver licence disqualification order;
	(f)	a reparation order;
	(g)	a non-association order;
	(h)	a place restriction order;
	(i)	an order (however described) imposing another penalty available under any other territory law.
Examples
The following are examples of sentences that might be imposed on an offender by a court who has been convicted of an offence punishable by imprisonment:
1	a sentence of 18 months as follows:
·	a 12-month periodic detention period
·	a fine order directing payment of $500 by stated instalments
·	a good behaviour order for 6 months (the remainder of the term of the sentence) that includes conditions requiring the offender to undertake 240 hours community service work
2	a sentence of 3 years and 6 months as follows:
·	an order for 2 years imprisonment with no nonparole period
·	a 1-year periodic detention period and a concurrent non-association order
·	a good behaviour order for 6 months (the remainder of the term of the sentence) and a concurrent non-association order 
3	a sentence of 2 years as follows:
·	a 1-year periodic detention period and a concurrent place restriction order
·	a good behaviour order for 1 year (the remainder of the term of the sentence)
·	a driver licence disqualification order for all of the sentence.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	However, the court must not make an order that forms part of the combination sentence unless the court would have power to make the order otherwise than as part of a combination sentence.
30	Combination sentences—offences punishable by fine
	(1)	If the offence is not punishable by imprisonment (except in default of payment of a fine), the court sentencing the offender may impose a sentence (also a combination sentence) consisting of 2 or more of the following orders:
	(a)	a good behaviour order;
	(b)	a fine order;
	(c)	a driver licence disqualification order;
	(d)	a reparation order;
	(e)	a non-association order;
	(f)	a place restriction order;
	(g)	an order (however described) imposing another penalty available under any other territory law.
	(2)	However, the court must not make an order that forms part of the combination sentence unless the court would have power to make the order otherwise than as part of a combination sentence.
31	Combination sentences—start and end
For a combination sentence, a court may set the start or end of the period of any part of the sentence, or of any order forming part of the sentence, by reference to anything the court considers appropriate, including, for example—
	(a)	a stated day; or
	(b)	the lapse of a stated period of time; or
	(c)	whenever a stated event happens, or whenever the earlier or later of 2 or more stated events happens.
Example for par (c)
a 5-year combination sentence consisting of the following orders:
·	an order for imprisonment with a 3-year nonparole period
·	a good behaviour order and a place restriction order, stated to start whenever (if at all) the offender is released on parole and to end at the end of the 5-year term of the sentence
·	a driver licence disqualification order, also stated to start whenever (if at all) the offender is released on parole and to end at the end of the 5‑year term of the sentence
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Chapter 4	Sentencing procedures generally
Part 4.1	General principles
32	Power to reduce penalties
	(1)	If, under a territory law, an offender is liable to imprisonment for life, a court may nevertheless impose a sentence of imprisonment for a stated term.
	(2)	If, under a territory law, an offender is liable to imprisonment for a stated term, a court may nevertheless impose a sentence of imprisonment for a lesser term.
	(3)	If, under a territory law, an offender is liable to a fine of a stated amount, a court may nevertheless make a fine order for a lesser amount.
	(4)	This section—
	(a)	is not limited by any other provision of this chapter; and
	(b)	does not limit any discretion the court has, apart from this section, about the imposition of penalties.
33	Sentencing—relevant considerations
	(1)	In deciding how an offender should be sentenced (if at all) for an offence, a court must consider whichever of the following matters are relevant and known to the court: 
	(a)	the nature and circumstances of the offence;
	(b)	any other offences required or allowed to be taken into account;
	(c)	if the offence forms part of a course of conduct consisting of a series of criminal acts of the same or a similar character—the course of conduct;
	(d)	if the personal circumstances of any victim of the offence were known to the offender when the offence was committed—the circumstances;
	(e)	any injury, loss or damage resulting from the offence;
	(f)	the effect of the offence on the victims of the offence, the victims’ families and anyone else who may make a victim impact statement;
Note 1	For who may make a victim impact statement, see s 49.
Note 2	The court must not draw any inference about the harm suffered by a victim from the fact that a victim impact statement is not given to the court in relation to the offence (see s 53 (1) (b)).
	(g)	if a victim of the offence was a pregnant woman—
	(i)	whether the offender knew, or ought reasonably to have known, that the woman was pregnant; and
	(ii)	whether the offender intended to cause, or was reckless about causing, loss of or harm to the pregnancy; and
	(iii)	the loss of or harm to the pregnancy; and
	(iv)	whether the offender intended to cause, or was reckless about causing, the death of or harm to a child born alive as a result of the pregnancy; and
	(v)	the death of or harm to a child born alive as a result of the pregnancy.
	(h)	any action the offender may have taken to make reparation for any injury, loss or damage resulting from the offence;
	(i)	the degree of responsibility of the offender for the commission of the offence;
	(j)	a plea of guilty by the offender (see section 35);
	(k)	the nature and extent of any pre-trial disclosures by the defence;
	(l)	any assistance by the offender to law enforcement authorities (see section 36);
	(m)	the cultural background, character, antecedents, age and physical or mental condition of the offender;
	(n)	the financial circumstances of the offender;
	(o)	the probable effect that any sentence or order under consideration would have on any of the offender’s family or dependants;
	(p)	whether the offender was affected by alcohol or a controlled drug when the offence was committed and the circumstances in which the offender became affected;
	(q)	the degree to which the offence was the result of provocation, duress or entrapment;
	(r)	whether the recording of a conviction or the imposition of a particular penalty would be likely to cause particular hardship to the offender;
	(s)	any jury recommendation for mercy;
	(t)	whether the offender is voluntarily seeking treatment for any physical or mental condition that may have contributed to the commission of the offence;
	(u)	whether the offender was in a position of trust or authority when the offence was committed;
	(v)	the reason or reasons why the offender committed the offence;
	(w)	whether the offender has demonstrated remorse;
	(x)	if the offender has accepted responsibility for the offence to take part in restorative justice under the Crimes (Restorative Justice) Act 2004—that fact;
	(y)	whether the offender has paid the prescribed penalty in accordance with any infringement notice served on the offender for the offence;
Note	For when an infringement notice may be withdrawn after it has been paid, see the Magistrates Court Act 1930, s 127 and the Road Transport (General) Act 1999, s 31.
	(z)	current sentencing practice.
Note	See s 133D for additional considerations that apply in sentencing a young offender.
	(2)	Without limiting subsection (1), in deciding whether a good behaviour order is an appropriate penalty for an offence, the court must consider the nature and severity of the conditions that may apply to the offender under the order.
	(3)	Subsections (1) and (2) do not limit the matters a court may consider in deciding how an offender should be sentenced (if at all) for an offence.
	(4)	The fact that any relevant factor is known to the court does not require the court to increase or reduce the severity of the sentence for the offence.
	(5)	In this section:
defence means—
	(a)	any lawyer representing the offender; or
	(b)	if the offender is not legally represented—the offender.
34	Sentencing—irrelevant considerations
	(1)	In deciding how an offender should be sentenced (if at all) for an offence, a court must not increase the severity of the sentence it would otherwise have imposed because of any of the following:
	(a)	a law that has not commenced;
	(b)	any alleged offences that the offender has not admitted in accordance with section 57 (Outstanding additional offences taken into account in sentencing);
	(c)	that the offender chose not to give evidence on oath;
	(d)	that the offender may have committed perjury or been guilty of contempt of court during the proceeding;
	(e)	the offender’s behaviour in court;
	(f)	that the offender chose to plead not guilty;
	(g)	that the offender chose not to take part, or chose not to continue to take part, in restorative justice for the offence under the Crimes (Restorative Justice) Act 2004.
	(2)	In deciding how an offender should be sentenced for an offence, a court must not reduce the severity of a sentence it would otherwise have imposed because of an automatic forfeiture of property, a forfeiture order, or a penalty order, under the Confiscation of Criminal Assets Act 2003.
35	Reduction of sentence—guilty plea
	(1)	This section applies if—
	(a)	an offender pleads guilty to an offence; and
	(b)	based on the information currently available to the court, the court considers that there is a real likelihood that it will sentence the offender to imprisonment.
	(2)	In deciding how the offender should be sentenced (if at all) for the offence, the court must consider the following matters:
	(a)	the fact that the offender pleaded guilty;
	(b)	when the offender pleaded guilty, or indicated an intention to plead guilty;
	(c)	whether the guilty plea was related to negotiations between the prosecution and defence about the charge to which the offender pleaded guilty;
	(d)	the seriousness of the offence;
	(e)	the effect of the offence on the victims of the offence, the victims’ families and anyone else who may make a victim impact statement.
Note	For who may make a victim impact statement, see s 49.
	(3)	The court may impose a lesser penalty (including a shorter nonparole period) on the offender than it would otherwise have imposed if the offender had not pleaded guilty to the offence.
	(4)	However, in deciding any lesser penalty, the court must not make any significant reduction for the fact that the offender pleaded guilty if, based on established facts, the court considers that the prosecution’s case for the offence was overwhelmingly strong.
	(5)	For subsection (2) (b), the earlier in the proceeding that the guilty plea is made, or indication is given that it will be made, the lesser the penalty the court may impose. 
	(6)	A lesser penalty imposed under this section must not be unreasonably disproportionate to the nature and circumstances of the offence.
	(7)	In this section:
available documents, in relation to the offence, means any of the following:
	(a)	any written statements or admissions made for use as evidence at a trial that would have been admissible as evidence at the trial for the offence;
	(b)	depositions taken at any committal proceeding for the offence; 
	(c)	any written statements or admissions used as evidence in any committal proceeding for the offence;
	(d)	any other relevant written documents.
defence means—
	(a)	the offender; or
	(b)	any lawyer representing the offender.
established facts means facts established by—
	(a)	evidence given at the trial; or
	(b)	available documents; or
	(c)	admissions by the offender; or
	(d)	submissions made by the prosecution or defence.
36	Reduction of sentence—assistance to law enforcement authorities
	(1)	This section applies if—
	(a)	an offender is convicted or found guilty of an offence; and
	(b)	the offender assisted, or undertook to assist, law enforcement authorities in—
	(i)	preventing, detecting or investigating the offence or any other offence; or
	(ii)	a proceeding in relation to the offence or any other offence.
	(2)	A court may impose a lesser penalty (including a shorter nonparole period) on the offender than it would otherwise have imposed having regard to the degree of assistance provided, or undertaken to be provided, to law enforcement authorities.
Note	The DPP may appeal against the reduced sentence if the offender does not comply with the undertaking (see s 137).
	(3)	In deciding whether to impose a lesser penalty for the offence, and the nature and extent of the penalty to be imposed, the court must consider the following matters:
	(a)	the effect of the offence on the victims of the offence, the victims’ families and anyone else who may make a victim impact statement;
Note	For who may make a victim impact statement, see s 49.
	(b)	the significance and usefulness of the offender’s assistance to law enforcement authorities, taking into account any evaluation by the authorities of the assistance provided or undertaken to be provided;
	(c)	the truthfulness, completeness and reliability of any information or evidence provided by the offender;
	(d)	the nature and extent of the offender’s assistance or promised assistance;
	(e)	the timeliness of the assistance or undertaking to assist;
	(f)	any benefits that the offender has gained or may gain because of the assistance or undertaking to assist;
	(g)	whether the offender will suffer harsher custodial conditions because of the assistance or undertaking to assist;
	(h)	any injury suffered by the offender or the offender’s family, or any danger or risk of injury to the offender or the offender’s family, because of the assistance or undertaking to assist;
	(i)	whether the assistance or promised assistance is in relation to the offence for which the offender is being sentenced or an unrelated offence;
	(j)	if the offender is to serve a sentence of imprisonment—the likelihood that the offender will commit further offences after release from imprisonment.
	(4)	A lesser penalty imposed under this section must not be unreasonably disproportionate to the nature and circumstances of the offence.
37	Reduction of sentence—statement by court about penalty
	(1)	This section applies if a court imposes a lesser penalty for an offence under section 35 (Reduction of sentence—guilty plea) or section 36 (Reduction of sentence—assistance to law enforcement authorities).
	(2)	The court must state—
	(a)	the penalty (including any shorter nonparole period) it would otherwise have imposed; and
	(b)	if the lesser penalty is imposed under section 36—the reason for the imposition of the lesser penalty.
38	Sentences of imprisonment and uncompleted young offender orders
	(1)	This section applies in relation to an adult offender if, at the time of sentencing—
	(a)	the adult offender is serving a sentence that was imposed on the person as a young offender (the previous sentence); and
	(b)	the court is imposing a sentence that would be likely to bring the offender into contact with other adult offenders.
	(2)	The court—
	(a)	must, in deciding the term of the sentence, consider any remaining period during which the previous sentence would remain in force if not discharged under paragraph (b); and
	(b)	may, if appropriate, discharge the previous sentence.
39	Judgment after sentence deferred
	(1)	If an offender is convicted of an offence and sentence is deferred, the court before which the offender was tried, or the Supreme Court, may sentence the offender for the offence at any time afterwards.
	(2)	This section does not apply if the court has made a deferred sentence order.
Note	Under a deferred sentence order, sentencing is deferred to a stated time (see s 27) unless the order is cancelled (see s 133).

Part 4.2	Pre-sentence reports
40	Application—pt 4.2
This part applies if either of the following applies to a person (the offender):
	(a)	a court finds the offender guilty of an offence;
	(b)	the offender indicates to a court an intention to plead guilty to an offence.
40A	Pre-sentence report matters
For this part, each of the following is a pre-sentence report matter  in relation to the offender:
	(a)	the offender’s age;
	(b)	the offender’s social history and background (including cultural background);
	(c)	the offender’s medical and psychiatric history;
	(d)	the offender’s educational background;
	(e)	the offender’s employment history;
	(f)	the extent to which the offender is complying, or has complied, with any sentence;
	(g)	the offender’s financial circumstances;
	(h)	any special needs of the offender;
	(i)	any courses, programs, treatment, therapy or other assistance that is available to the offender and from which the offender may benefit;
	(j)	any risk assessments made of the likelihood that the offender will commit further offences or of things (including circumstances) that may make the offender more likely to commit further offences;
	(k)	the opinion of the assessor preparing a pre-sentence report for the offender in relation to an offence, and the basis for the opinion, about the following:
	(i)	the offender’s attitude to the offence; 
	(ii)	the need to protect victims of the offence from violence or harassment by the offender; 
	(iii)	anything that may make the offender more likely to commit further offences; 
Examples—par (iii)
1	dependence on alcohol or a controlled drug
2	a gambling addiction
3	association with particular people
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(iv)	the likelihood that the offender may commit further offences; 
	(v)	whether it would be appropriate to refer the offender for restorative justice under the Crimes (Restorative Justice) Act 2004.
Note	See s 133E for additional pre-sentence report matters for young offenders.
41	Pre-sentence reports—order
	(1)	This section applies if—
	(a)	the Magistrates Court—
	(i)	finds an offender guilty of an offence in a proceeding before the court; or
	(ii)	accepts an offender’s guilty plea for an offence; or
	(b)	the Magistrates Court commits an offender to the Supreme Court for sentence; or
Note	The Magistrates Court may commit a person to the Supreme Court for sentence under the Magistrates Court Act 1930, s 92A.
	(c)	the Supreme Court—
	(i)	finds an offender guilty of an offence in a proceeding before the court; or
	(ii)	accepts an offender’s guilty plea for an offence.
	(2)	If subsection (1) (b) applies—the Magistrates Court may—
	(a)	order a pre-sentence report in relation to the offender; and
	(b)	order the director-general to provide a copy of the report to the Supreme Court or any other person.
	(3)	If subsection (1) (a) or (c) applies—the court may—
	(a)	order a pre-sentence report in relation to the offender; and
	(b)	adjourn the proceeding for the report to be prepared; and
	(c)	order the director general to provide a copy of the report to the court or any other person.
Note	If a form is approved under the Court Procedures Act 2004 for an order under this section, the form must be used (see that Act, s 8 (2)).
	(4)	However, the court must order the director‑general to prepare a pre‑sentence report before sentencing the offender to serve all or any part of a sentence by—
	(a)	periodic detention; or
	(b)	community service work under a good behaviour order; or
	(c)	undertaking a rehabilitation program under a good behaviour order.
	(5)	The court order for the preparation of a pre-sentence report may state 1 or more pre-sentence report matters, or any other matter, that the report must address.
	(6)	Subsection (4) (c) does not apply if relevant sentencing information, under section 97 (Rehabilitation programs—suitability), is already before the court.
	(7)	The director‑general must arrange for an assessor to prepare a pre‑sentence report ordered by the court.
	(8)	In this part:
assessor means—
	(a)	a public servant whose functions include preparing pre‑sentence reports; or
	(b)	a person with similar functions under the law of a State.
	(9)	In this section:
director‑general means—
	(a)	for a report about a young offender—the CYP director‑general; and
	(b)	for any other report—the director‑general responsible for this Act. 
42	Pre-sentence reports by assessors
	(1)	A pre-sentence report must address—
	(a)	each pre-sentence report matter, or any other matter, stated in the court order for the report; and
	(b)	any other pre-sentence report matter, or any other matter, that, on investigation, appears to the assessor to be relevant.
	(2)	If a court order directs that a pre-sentence report deal with an offender’s suitability for a deferred sentence, the report must also—
	(a)	address the matters mentioned in section 116 (1) (Deferred sentence orders—eligibility); and
	(b)	include the assessor’s recommendation about—
	(i)	the offender’s suitability for a deferred sentence; and
	(ii)	any condition that might be included in a deferred sentence order.
	(3)	If a court order directs that a pre-sentence report deal with an offender’s suitability for serving all or any part of a sentence by periodic detention, the report must also—
	(a)	address the matters mentioned in section 79 (Periodic detention—pre-sentence report matters); and
	(b)	include the assessor’s recommendation about—
	(i)	the offender’s suitability for serving all or any part of a sentence by periodic detention; and
	(ii)	any condition that might be appropriate for the offender’s periodic detention.
	(4)	If a court order directs that a pre-sentence report deal with an offender’s suitability for serving all, or any part, of a sentence by community service work under a good behaviour order, the report must also—
	(a)	address the matters mentioned in section 90 (Community service—pre-sentence report matters); and
	(b)	include the assessor’s recommendation about—
	(i)	the offender’s suitability for serving all or any part of a sentence by community service work under a good behaviour order; and
	(ii)	any condition that might be appropriate for a community service condition.
	(5)	If a court order directs that a pre-sentence report deal with an offender’s suitability for serving all, or any part, of a sentence by undertaking a rehabilitation program under a good behaviour order, the report must also—
	(a)	address the matters mentioned in section 98 (Rehabilitation programs—pre-sentence report matters); and
	(b)	include the assessor’s recommendation about—
	(i)	the offender’s suitability for serving all or any part of a sentence by undertaking a rehabilitation program under a good behaviour order; and
	(ii)	any condition that might be appropriate for a rehabilitation program condition.
43	Pre-sentence reports—powers of assessors
	(1)	In preparing the pre-sentence report for the offender, the assessor—
	(a)	may conduct any investigation the assessor considers appropriate; and
	(b)	may ask any of the following to provide information:
	(i)	an administrative unit;
	(ii)	a territory authority;
	(iii)	a statutory office-holder;
	(iv)	for a report for a young offender—a parent or anyone else who has parental responsibility for the young offender under the Children and Young People Act 2008;
	(v)	for a report for an offender to be sentenced for a domestic violence offence—an approved crisis support organisation under the Domestic Violence Agencies Act 1986;
	(vi)	a victim of the offence;
	(vii)	any other entity.
	(2)	However, an assessor may make a request under subsection (1) (b) (iv) in relation to a young offender who is an adult only with the young offender’s consent.
	(3)	If an entity mentioned in subsection (1) (b) (i), (ii) or (iii) is asked to provide information, the entity must promptly comply with the request.
	(4)	If an entity gives information honestly and with reasonable care in response to a request under subsection (1), the giving of the information is not—
	(a)	a breach of confidence, professional etiquette, ethics or a rule of professional misconduct; or
	(b)	a ground for a civil proceeding for defamation, malicious prosecution or conspiracy.
	(5)	This section does not limit any other power of the assessor to obtain information for the purposes of the pre-sentence report.
	(6)	A regulation may make provision in relation to—
	(a)	the preparation and provision of pre-sentence reports; and
	(b)	the conduct of assessments of an offender’s suitability for a deferred sentence order or to serve a particular kind of sentence (including a kind mentioned in section 41 (4) (Pre-sentence reports—order)).
	(7)	In this section:
domestic violence offence—see the Magistrates Court Act 1930, section 291H.
information includes a document.
44	Pre-sentence reports—provision to court
The pre-sentence report may be given to the court either orally or in writing.
45	Pre-sentence reports—availability of written reports
	(1)	This section applies if the court has received a written pre-sentence report for an offender at least 2 working days before the offender is to be sentenced.
	(2)	The court must ensure that a copy of the report is made available to the following people at least 2 working days before the offender is to be sentenced:
	(a)	the prosecutor;
	(b)	any lawyer representing the offender;
	(c)	the offender, if—
	(i)	the court has so directed; or
	(ii)	the offender is not legally represented.
	(3)	For subsection (2), the court may make a copy of the report available to a person mentioned in the subsection by giving a copy of the report to the person.
46	Pre-sentence reports—cross-examination
	(1)	The prosecutor and the defence may cross-examine the assessor on the pre-sentence report given to the court by the assessor.
	(2)	In this section:
defence means—
	(a)	any lawyer representing the offender; or
	(b)	if the offender is not legally represented—the offender.

Part 4.3	Victim impact statements
47	Definitions—pt 4.3
In this part:
because of, an offence, means—
	(a)	as a result of, or in the course of, the commission of the offence; or
	(b)	in the course of assisting a police officer in the exercise of the officer’s power to arrest a person for the offence or to take action to prevent the offence.
harm includes—
	(a)	physical injury; and
	(b)	mental injury or emotional suffering (including grief); and
	(c)	pregnancy; and
	(d)	economic loss; and
	(e)	substantial impairment of rights accorded by law.
victim, of an offence, means—
	(a)	a person (a primary victim) who suffers harm because of the offence; or 
	(b)	if a primary victim dies because of the offence—a person who was financially or psychologically dependent on the primary victim immediately before the primary victim’s death.
victim impact statement, for an offence, means a statement made by or for a victim of the offence that contains details of any harm suffered by the victim because of the offence.
48	Application—pt 4.3
This part applies in relation to an offence if the offence is—
	(a)	an offence punishable by imprisonment for longer than 1 year; or
	(b)	another offence prescribed by regulation.
49	Victim impact statements—who may make
	(1)	The following people may make a victim impact statement for the offence:
	(a)	a victim of the offence;
	(b)	a person who has parental responsibility for a victim of the offence;
	(c)	a close family member of a victim of the offence;
	(d)	a carer for a victim of the offence;
	(e)	a person with an intimate personal relationship with a victim of the offence.
	(2)	In this section:
parental responsibility—see the Children and Young People Act 2008, division 1.3.2.
50	Victim impact statements—oral or written
A victim impact statement for the offence may be made as—
	(a)	a written statement signed by or for a victim of the offence; or
	(b)	a statement given orally in court by or for a victim of the offence.
51	Victim impact statements—form and contents
	(1)	A victim impact statement for the offence must identify the victim to whom it relates.
	(2)	The statement must include the full name of the person who makes the statement.
	(3)	If the person who makes the statement is not the victim (or the victim’s representative)—
	(a)	the statement must indicate that the victim does not object to the statement being made to the court; and
	(b)	if practicable, the victim (or representative) must sign the statement, or make a separate written or oral statement to the court, to verify that the victim does not object.
	(4)	If the victim to whom the statement relates is not a primary victim, the statement must identify the primary victim and state the nature and length of the victim’s relationship with the primary victim.
	(5)	If the statement is made by a person who is not the victim, the statement must indicate the nature and length of the person’s relationship with the victim.
	(6)	The statement must not contain anything that is offensive, threatening, intimidating or harassing.
	(7)	This section does not prevent a victim impact statement being made by or for more than 1 victim.
52	Victim impact statements—use in court
	(1)	A victim impact statement may be—
	(a)	tendered to the court; or
	(b)	made orally in court; or
	(c)	read out in court by the person who made the statement or someone else (whether or not the statement is tendered to the court).
	(2)	The statement may be given when the court considers appropriate—
	(a)	after any of the following:
	(i)	the offender has pleaded guilty to the offence;
	(ii)	the court has found the offence proved;
	(iii)	the offender has been found guilty or convicted of the offence; and
	(b)	before the offender is sentenced.
53	Victim impact statements—effect
	(1)	In deciding how the offender should be sentenced (if at all) for the offence, the court—
	(a)	must consider any victim impact statement given to the court in relation to the offence; and
	(b)	must not draw any inference about the harm suffered by a victim from the fact that a victim impact statement is not given to the court in relation to the offence.
	(2)	A victim impact statement must not be given in writing to the court unless—
	(a)	the statement is made in accordance with section 51 (Victim impact statements—form and contents); and
	(b)	a copy of the statement has been given to the defence.
	(3)	The defence may cross-examine a person who makes a victim impact statement on the contents of the statement.
	(4)	However, if the offender is not legally represented, the offender may cross-examine the person only if—
	(a)	the offender has indicated to the court the nature of the proposed cross-examination; and
	(b)	the court gives the offender leave to cross-examine the person.
	(5)	In this section:
defence means—
	(a)	any lawyer representing the offender; or
	(b)	if the offender is not legally represented—the offender.
given includes made orally in court or read out in court under this part.

Part 4.4	Taking additional offences into account
54	Definitions—pt 4.4
In this part:
additional offence—see section 55.
list of additional offences—see section 55.
principal offence—see section 55.
sentence-related order—see section 55.
55	Application—pt 4.4
	(1)	This part applies if—
	(a)	an offender has been convicted or found guilty of an offence (the principal offence); and
	(b)	none of the following orders (each of which is a sentence‑related order) have been made for the offence:
	(i)	an order imposing a penalty on the offender;
	(ii)	a deferred sentence order;
	(iii)	a non-conviction order;
	(iv)	a suspended sentence order; and
	(c)	the prosecutor files in the court sentencing the offender a document (the list of additional offences) that lists other offences (each of which is an additional offence) allegedly committed by the offender.
	(2)	However, this part does not apply in relation to an offence punishable by life imprisonment.
56	List of additional offences
	(1)	The list of additional offences must—
	(a)	indicate that the offences listed are offences that the offender wants the court to take into account in making a sentence‑related order for the principal offence; and
	(b)	be signed by the director of public prosecutions and the offender.
	(2)	A copy of the list of additional offences must be given to the offender.
57	Outstanding additional offences taken into account in sentencing
	(1)	Before making a sentence-related order for the principal offence, the court must ask the offender whether the offender wants the court to take any of the additional offences into account in relation to the principal offence.
	(2)	The court may take an additional offence into account in making a sentence-related order for the principal offence if—
	(a)	the offender admits guilt to the additional offence; and
	(b)	the offender confirms that the offender wants the additional offence to be taken into account by the court in relation to the principal offence; and
	(c)	the prosecutor consents to the additional offence being taken into account.
	(3)	If the court takes an additional offence into account in relation to the principal offence, any penalty imposed for the principal offence must not exceed the maximum penalty the court could have imposed for the principal offence if the additional offence had not been taken into account.
	(4)	The court may not take an additional offence into account if the court does not have jurisdiction to make a sentence-related order for the offence.
	(5)	For subsection (4), the court is taken to have jurisdiction to make a sentence-related order for an additional offence even if the jurisdiction may only be exercised with the offender’s consent.
	(6)	To remove any doubt, subsection (4) does not prevent the Supreme Court from taking a summary offence into account.
58	Ancillary orders relating to offences taken into account in sentencing
	(1)	This section applies if the court takes an additional offence into account in making a sentence-related order for the offender for the principal offence.
	(2)	The court may make any ancillary order that it could have made if it had convicted the offender of the additional offence when it took the offence into account.
	(3)	To remove any doubt, the court may not make a separate sentence-related order for the additional offence.
	(4)	The offender has the same rights of appeal in relation to the making of the ancillary order as the offender would have had if the order had been made on the conviction of the offender for the additional offence.
	(5)	This section is subject to section 134 (Operation of ancillary and restitution orders).
	(6)	In this section:
ancillary order—see section 18 (5).
59	Consequences of taking offences into account in sentencing
	(1)	This section applies if the court takes an additional offence into account for the principal offence.
	(2)	The court must certify, on the list of additional offences, that the additional offence has been taken into account.
	(3)	A proceeding must not be started or continued in relation to the additional offence unless the conviction or finding of guilt for the principal offence is reversed or set aside.
	(4)	Subsection (3) does not prevent the court from taking the additional offence into account if the court, on a later occasion, makes another sentence-related order for the offender, or re-sentences the offender, for the principal offence.
	(5)	The offender’s admission of guilt in relation to the additional offence is not admissible in evidence in a proceeding in relation to—
	(a)	the additional offence; or
	(b)	any other offence mentioned in the list of additional offences.
	(6)	The offender is not, for any purpose, taken to have been convicted or found guilty of the additional offence only because the additional offence is taken into account. 
60	Evidence of offences taken into account in sentencing
	(1)	This section applies if the court takes an additional offence into account in making a sentence-related order for the offender for the principal offence.
	(2)	The fact that the additional offence has been taken into account is admissible in a criminal proceeding if—
	(a)	the fact that the offender has been convicted or found guilty of the principal offence is admissible in the proceeding; and
	(b)	had the offender been convicted or found guilty of the additional offence, that fact would have been admissible in the proceeding.
	(3)	For subsection (2), a fact is admissible in a criminal proceeding if—
	(a)	reference may be made to the fact in the proceeding; or
	(b)	evidence may be given of the fact in the proceeding. 
	(4)	The fact that the additional offence has been taken into account may be proved in the same way as the finding of guilt or conviction for the principal offence.

Part 4.5	Correction and adjustment of penalties
61	Reopening proceedings to correct penalty errors
	(1)	This section applies to a criminal proceeding (including a proceeding on appeal) in which a court has—
	(a)	made a sentence-related order that is contrary to law; or
	(b)	failed to make a sentence-related order that is required to be made by law.
	(2)	This section applies whether or not anyone has been convicted or found guilty of an offence in the proceeding.
	(3)	The court may reopen the proceeding (on the application of a party to the proceeding, or on its own initiative) and may, after giving the parties an opportunity to be heard, do either or both of the following:
	(a)	make a sentence-related order that is in accordance with law;
	(b)	amend any relevant finding of guilt, conviction, sentence or order.
	(4)	For this section, the court may issue a warrant for the arrest of a person charged in the proceeding if—
	(a)	the court considers that the person will not appear unless the warrant is issued; or
	(b)	the person fails to appear when the court calls on the person to appear.
	(5)	For an appeal under any Act against a sentence-related order made under this section, the time within which the appeal must be made starts on the day the order is made.
	(6)	However, this section does not otherwise affect any right of appeal.
	(7)	In this section:
sentence-related order—
	(a)	see section 55 (Application—pt 4.4); and
	(b)	includes an ancillary order within the meaning of section 58 (Ancillary orders relating to offences taken into account in sentencing).

Chapter 5	Imprisonment
Part 5.1	Imprisonment—start and end of sentences
62	Start and end of sentences—general rule
	(1)	A sentence of imprisonment starts—
	(a)	on the day the sentence is imposed; or
	(b)	if an offender is not in custody—on the day the offender becomes subject to lawful custody.
	(2)	However, subsection (1) is subject to—
	(a)	the following provisions of this Act:
	(i)	section 11 (Periodic detention);
	(ii)	section 31 (Combination sentences—start and end);
	(iii)	section 63 (Start of sentences—backdated sentences);
	(iv)	part 5.3 (Imprisonment—concurrent and consecutive sentences); and
	(b)	the Crimes (Sentence Administration) Act 2005.
	(3)	A sentence of imprisonment that starts on a day starts at the beginning of that day.
	(4)	A sentence of imprisonment that ends on a day ends at the end of that day.
	(5)	In this section:
sentence of imprisonment does not include a sentence of imprisonment that is fully suspended.
63	Start of sentences—backdated sentences
	(1)	The court may direct that a sentence of imprisonment is taken to have started on a day before the day the sentence is imposed.
	(2)	For subsection (1), the court must take into account any period during which the offender has already been held in custody in relation to the offence.
	(3)	However, subsection (2) does not apply to—
	(a)	a period of custody of less than 1 day; or
	(b)	a sentence of imprisonment of less than 1 day; or
	(c)	a sentence of imprisonment that is fully suspended; or
	(d)	the suspended part of a partly suspended sentence of imprisonment.
	(4)	If the offender is charged with a series of offences committed on different occasions and has been in custody continuously since arrest, the period of custody for subsection (2) must be worked out from the time of the offender’s arrest.
	(5)	Subsection (4) applies even if the offender is not convicted or found guilty of—
	(a)	the offence for which the offender was first arrested; or
	(b)	any particular offence or offences in the series.

Part 5.2	Imprisonment—nonparole periods
64	Application—pt 5.2
	(1)	This part applies to a sentence of imprisonment imposed by a court on an offender for an offence, other than an excluded sentence of imprisonment.
	(2)	However, if the sentence of imprisonment includes a periodic detention period, this part applies only to that part of the sentence to be served otherwise than by periodic detention.
	(3)	In this section:
excluded sentence of imprisonment means—
	(a)	a sentence of imprisonment that is fully suspended; or
	(b)	a sentence of imprisonment to be served fully by periodic detention; or
	(c)	a sentence of imprisonment imposed in default of payment of a fine; or
	(d)	a sentence of imprisonment imposed for an offence committed while in lawful custody; or
	(e)	a sentence of life imprisonment; or
	(f)	a sentence of imprisonment imposed on a young offender.
fine—see the Magistrates Court Act 1930, section 146.
65	Nonparole periods—court to set
	(1)	This section applies if the court sentences the offender to a term of imprisonment of 1 year or longer, or 2 or more terms of imprisonment that total 1 year or longer.
	(2)	The court must set a period (a nonparole period) during which the offender is not eligible to be released on parole.
Note	If the offender is released on parole, the sentence is not discharged unless the parole is completed without the parole order being cancelled (see Crimes (Sentence Administration) Act 2005, s 140 and s 160).
	(3)	When the court sets the nonparole period, the court must state when the nonparole period starts and ends.
Note	A sentence may be backdated to account for time already held in custody (see s 63).
	(4)	However, the court may decline to set a nonparole period in sentencing the offender if the court considers that it would be inappropriate to set a nonparole period having regard to the nature of the offence or offences and the offender’s antecedents.
	(5)	If the offender is subject to a sentence of life imprisonment, the court must not set a nonparole period for any sentence of imprisonment that is imposed on the offender.
	(6)	If the sentence of imprisonment is partly suspended, the period for which it is suspended must be disregarded for this section.
66	Nonparole periods—setting if sentence currently being served
	(1)	This section applies if—
	(a)	the offender is serving a sentence of imprisonment (the existing sentence); and 
	(b)	the offender is sentenced to a further term of imprisonment (the primary sentence).
Note	Pt 5.3 deals with whether the primary sentence is to be served concurrently or consecutively (or partly concurrently and partly consecutively) with the existing sentence.
	(2)	Section 65 (Nonparole periods—court to set) applies as if the court that imposes the primary sentence had sentenced the person to imprisonment for a term equal to the total of the terms of the existing sentence and the primary sentence.
	(3)	The imposition of the primary sentence automatically cancels any nonparole period set for the existing sentence.
	(4)	Any nonparole period set for the primary sentence must not make the offender eligible to be released on parole earlier than if the primary sentence had not been imposed.
67	Nonparole periods—recommended conditions
In sentencing the offender to imprisonment, the court may recommend conditions for the offender’s parole.
Note	The sentence administration board must have regard to any condition recommended by the sentencing court (see Crimes (Sentence Administration) Act 2005, s 130 (3)).
68	Nonparole periods—review of decision on nonparole period
	(1)	This section applies if the court fails to set, or fails to set properly, a nonparole period for a sentence of imprisonment.
	(2)	The court may set a nonparole period on the application of any of the following people:
	(a)	the Attorney-General;
	(b)	the director of public prosecutions;
	(c)	the secretary of the sentence administration board;
	(d)	the offender.
	(3)	To remove any doubt, this section does not apply in relation to a period of full-time detention that is consequent on the suspension or cancellation of a periodic detention period.
Note	If an offender’s periodic detention period is suspended or cancelled, the suspended part or the remainder of the sentence of periodic detention must be served by full-time detention (see Crimes (Sentence Administration) Act 2005, s 79).

Part 5.3	Imprisonment—concurrent and consecutive sentences
69	Definitions—pt 5.3
In this part:
existing sentence—see section 70 (1).
fine—see the Crimes (Sentence Administration) Act 2005, section 116A.
primary sentence—see section 70 (1).
70	Application—pt 5.3
	(1)	This part applies to a sentence of imprisonment (a primary sentence) imposed by a court on an offender if—
	(a)	any of the following apply in relation to the offender:
	(i)	when the primary sentence is imposed, the offender is serving another sentence of imprisonment (an existing sentence); 
	(ii)	the offender has been sentenced to another sentence of imprisonment (also an existing sentence) but, when the primary sentence is imposed, the other sentence has not yet started; 
	(iii)	the offender is sentenced to another sentence of imprisonment (also an existing sentence) in the same proceeding; and
	(b)	the existing sentence is for an offence against a territory law; and
	(c)	the primary sentence is not fully suspended.
	(2)	In this section:
sentence of imprisonment does not include any nonparole period that has been set for the primary sentence.
71	Concurrent and consecutive sentences—general rule
	(1)	In the absence of a direction under subsection (2), the primary sentence must be served concurrently with the existing sentence.
	(2)	The court may direct that the primary sentence be served consecutively (or partly concurrently and partly consecutively) with the existing sentence.
	(3)	This section is subject to the following provisions:
	(a)	section 38 (Sentences of imprisonment and uncompleted young offender orders);
	(b)	section 72 (Concurrent and consecutive sentences—offences while in custody or unlawfully absent);
	(c)	section 73 (Concurrent and consecutive sentences—fine default offences);
	(d)	section 80 (Periodic detention—concurrent and consecutive periods).
72	Concurrent and consecutive sentences—offences while in custody or unlawfully absent
	(1)	This section applies if the primary sentence is imposed on the offender for any of the following offences:
	(a)	an offence committed while the offender was in lawful custody;
	(b)	an offence committed while the offender was unlawfully absent from a correctional centre or other place during the term of the offender’s sentence of imprisonment;
	(c)	an offence involving an escape from lawful custody.
Example of unlawful absence for par (b)
the offender fails to return to a correctional centre as required after community service work or approved leave
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	In the absence of a direction under subsection (3), the primary sentence must be served consecutively with the existing sentence of imprisonment.
	(3)	The court may direct that the primary sentence be served concurrently (or partly concurrently and partly consecutively) with the existing sentence.
	(4)	Unless the court considers that special circumstances apply, the court must not give a direction under subsection (3) if the primary sentence is an offence that involves causing harm, or threatening to cause harm, to a corrections officer.
73	Concurrent and consecutive sentences—fine default offences
	(1)	This section applies if the primary sentence is imposed in default of payment of a fine.
	(2)	In the absence of a direction under subsection (3), the primary sentence must be served—
	(a)	consecutively with an existing sentence in default of payment of a fine; and
	(b)	concurrently with any other existing sentence.
	(3)	The court may direct that the primary sentence be served concurrently or consecutively (or partly concurrently and partly consecutively) with the existing sentence.
74	Amendment of start of sentences on setting aside or amending other sentences
	(1)	If a court sets aside or amends a sentence of imprisonment imposed on the offender (whether on appeal or otherwise), the court may amend the starting day of any other sentence that has been imposed on the offender by the court or another court.
	(2)	If the offender is subject to 2 or more sentences, this section applies to each of them.
	(3)	The court may amend the starting day of a sentence under this section on its own initiative, or the application of a party to the proceeding on the setting aside or amendment of the other sentence.
	(4)	An appeal does not lie only because the starting day of a sentence is amended under this section.
	(5)	The term of a sentence, or the nonparole period of a sentence, must not be amended under this section.
75	Previous sentences to be noted in new sentence
	(1)	If the court imposes the primary sentence consecutively (or partly concurrently and partly consecutively) with an existing sentence, the court must include in the record of the primary sentence details of each existing sentence, including—
	(a)	the starting day of the existing sentence (or the likely starting day of a sentence that has not yet started); and
	(b)	the term of the existing sentence.
	(2)	Failure to comply with this section does not invalidate the primary sentence or the existing sentence.

Part 5.4	Periodic detention
76	Application—pt 5.4
This part applies if a court is considering whether to set a periodic detention period for an offender for an offence.
77	Periodic detention—eligibility
	(1)	The court must not set a periodic detention period for the offender unless satisfied that—
	(a)	periodic detention is suitable for the offender (see section 78); and
	(b)	it is appropriate for the offender to serve all or part of the sentence by periodic detention; and
	(c)	there are appropriate facilities available at a correctional centre for the offender to serve any period of periodic detention set by the court; and
	(d)	the offender has signed an undertaking to comply with the offender’s periodic detention obligations under the Crimes (Sentence Administration) Act 2005.
	(2)	The court must not set a periodic detention period for a young offender unless the periodic detention is to be served when the young offender is an adult.
	(3)	The court may decline to set a periodic detention period for the offender if—
	(a)	the court asks the offender to undergo a medical examination by a doctor, as directed by the court; and
	(b)	the offender does not undergo the examination in accordance with the direction.
78	Periodic detention—suitability
	(1)	The court must not set a periodic detention period for the offender unless a pre-sentence report is given to the court about the offender’s suitability to serve a sentence (or a part of a sentence) by periodic detention.
	(2)	In deciding whether to set a periodic detention period for the offender, the court must consider the following:
	(a)	the pre-sentence report;
	(b)	any medical report about the offender given to the court;
	(c)	any evidence given by the person who prepared the pre-sentence report;
	(d)	any evidence given by a corrections officer about the offender.
	(3)	Subsection (2) does not limit the matters that the court may consider.
	(4)	In considering the pre-sentence report, the court must consider any indicators of unsuitability mentioned in table 79, column 3 that are stated in the report to apply to the offender.
	(5)	The court may set, or decline to set, a periodic detention period for the offender despite—
	(a)	any recommendation in the pre-sentence report about the offender’s suitability to serve a sentence (or a part of a sentence) by periodic detention; or 
	(b)	any evidence given by the person who prepared the pre‑sentence report or a corrections officer.
	(6)	The court must record reasons for its decision to set, or decline to set, a periodic detention period for the offender if—
	(a)	the pre-sentence report recommends that the offender is suitable but the court decides not to set a periodic detention period for the offender; or
	(b)	the pre-sentence report recommends that the offender is not suitable but the court decides to set a periodic detention period for the offender.
	(7)	Failure to comply with subsection (6) does not invalidate the periodic detention order.
79	Periodic detention—pre-sentence report matters 
For section 42 (3) (Pre-sentence reports by assessors), the matters for assessing the offender’s suitability to serve a sentence (or a part of a sentence) by periodic detention are the matters mentioned in table 79, column 2.
Table 79	Assessment of suitability—periodic detention
column 1
item	column 2
matter	column 3
indication of unsuitability	
1	degree of dependence on alcohol or a controlled drug	major problem with alcohol or a controlled drug	
2	psychiatric or psychological condition	major psychiatric or psychological disorder	
3	medical condition	potential unfitness to report for periodic detention	
4	criminal record	serious criminal record	
5	employment and personal circumstances	potential impracticability of regular reporting for periodic detention	
80	Periodic detention—concurrent and consecutive periods
	(1)	This section applies if—
	(a)	the court is considering whether to set a periodic detention period (a new period) for the offender; and
	(b)	the offender is currently serving a sentence of imprisonment for another offence by periodic detention.
Note	Pt 5.3 deals with the imposition of 2 sentences of imprisonment on the offender.
	(2)	If the court sets a new period, the new period must be stated to end no later than 2 years after the day it is made (no matter when the new period is to take effect).

Part 5.5	Imprisonment—explanation and information
81	Application—pt 5.5
This part applies if—
	(a)	an offender is convicted of an offence; and
	(b)	a court sentences the offender to imprisonment for the offence; and
	(c)	the sentence of imprisonment is not fully suspended.
82	Imprisonment—explanation to offender
	(1)	The court must ensure that reasonable steps are taken to explain to the offender (and in language the offender can readily understand)—
	(a)	the reason why the sentence of imprisonment is imposed, and why no penalty other than imprisonment is appropriate; and
	(b)	the purpose of the sentence; and
	(c)	if the offender is to serve all or part of the sentence by full-time detention at a correctional centre or detention place—in general terms, the offender’s obligations as a full-time detainee under the Crimes (Sentence Administration) Act 2005 and the consequences if the offender breaches the obligations; and
Note	An offender may breach the obligations by failing to comply with them (see Legislation Act, dict, pt 1, def breach).
	(d)	if the order sentencing the offender to imprisonment sets a periodic detention period—in general terms, the offender’s periodic detention obligations under the Crimes (Sentence Administration) Act 2005 and the consequences if the offender breaches the obligations; and
	(e)	the day when the sentence starts or is taken to have started; and
Note	For examples of the operation of this paragraph, see the end of this subsection.
	(f)	if a suspended sentence order is made for the offender suspending the sentence in part—in general terms, the effect of the suspension of the sentence; and
Note	Explanations for the offender and any surety of the effect of entering into a good behaviour order are required under pt 6.3.
	(g)	the earliest day (on the basis of the information currently available to the court) that the offender will become entitled to be released from detention or be eligible to be released on parole, having regard to—
	(i)	each sentence of imprisonment to which the offender is subject; and
	(ii)	any applicable nonparole period; and
	(h)	if a nonparole period is set for the sentence—that, if the offender is released on parole, the offender’s release will be subject to a parole order and any conditions included in the order.
Examples for par (e)
1	A court sentences Rick to 7 days imprisonment.  The sentence is imposed on a Monday.  Rick is not subject to any other sentence of imprisonment.
To comply with paragraph (e), the court should explain to Rick that the sentence starts on the Monday when it is imposed and that the earliest day when Rick will become entitled to be released from detention is the following Monday.
2	A court sentences Ken to 12 months imprisonment. The sentence is imposed on 5 May 2005. The court has set a nonparole period of 9 months.  Ken is not subject to any other sentence of imprisonment.  Because Ken has been remanded in custody for sentencing since 27 April 2005, the court has backdated the start of the sentence to that date.
To comply with paragraph (e), the court should explain to Ken that the sentence is taken to have started on 27 April 2005 and that the earliest date when Ken will become eligible to be released on parole is 27 January 2006.
3	On 1 July 2004, Colleen began serving a 2-year sentence of imprisonment for an offence.  The nonparole period for the sentence was 18 months (Colleen would be eligible to be released on parole on 1 January 2006).  Colleen is later convicted of another offence, with a further sentence of 2 years to start from 1 January 2005, to be served partly concurrently and partly consecutively with the first sentence (under s 71 (Concurrent and consecutive sentences—general rule)).  The court cancels the first nonparole period and sets a new nonparole period of 18 months from 1 January 2005 (under s 66 (Nonparole periods—setting if sentence currently being served)).
To comply with paragraph (e), the court should explain to Colleen that the sentence for the 2nd offence starts on 1 January 2005 and ends on 1 January 2007, that it will be served partly concurrently and partly consecutively with her current sentence, and that the earliest date when Colleen will become eligible to be released on parole is now 1 July 2006.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	Failure to comply with this section does not invalidate the sentence of imprisonment.
83	Imprisonment—written record of explanation
	(1)	The court must ensure that a written record of the explanation under section 82 is given to the offender or the offender’s lawyer as soon as practicable after (but no later than 10 working days after the day) the explanation is given under that section.
Example of written record
a copy of the transcript of the explanation
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	Failure to comply with this section does not invalidate the sentence of imprisonment.
84	Imprisonment—official notice of sentence
	(1)	As soon as practicable after (but no later than 10 working days after the day) the court makes the order sentencing the offender to imprisonment, the court must ensure that written notice of the order, together with a copy of the order, is given to—
	(a)	the offender; and
	(b)	the director‑general; and
	(c)	if the court sets a periodic detention period or nonparole period for the sentence—the secretary of the sentence administration board.
Note 1	If a form is approved under the Court Procedures Act 2004 for this provision, the form must be used (see that Act, s 8 (2)).
Note 2	For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
Note 3	If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act, s 49).
	(2)	The notice must include the following information:
	(a)	when the sentence starts or is taken to have started;
	(b)	when the sentence ends;
	(c)	whether the sentence is to be served as full-time detention, periodic detention or a combination of these kinds of imprisonment;
	(d)	if the sentence includes more than 1 kind of imprisonment—when each kind of imprisonment starts and ends;
	(e)	if a suspended sentence order is made for a part of the sentence—when the suspended part of the sentence starts and ends; 
	(f)	if the order sets a periodic detention period the offender (the periodic detainee)—
	(i)	when and where the periodic detainee is first to report for periodic detention; and
	(ii)	any conditions recommended by the court for the offender’s periodic detention;
	(g)	if a nonparole period is set for the sentence—the nonparole period and when it starts and ends;
	(h)	the earliest day (on the basis of the information currently available to the court) that the offender will become entitled to be released from detention or be eligible to be released on parole.
	(3)	The court may remand the periodic detainee in custody until the detainee is given the notice.
	(4)	Failure to comply with this section does not invalidate the sentence of imprisonment.
	(5)	In this section:
director‑general means—
	(a)	for an order made for a young offender—the CYP director‑general; and
	(b)	for any other order—the director‑general responsible for this Act. 

Chapter 6	Good behaviour orders
Part 6.1	Good behaviour orders—community service conditions
85	Meaning of community service condition—pt 6.1
In this Act:
community service condition, of a good behaviour order for an offender, means a condition included in the order that the offender perform community service work.
Note 1	The number of hours that may be required to be performed for a community service condition is at least 20 hours and not more than 500 hours or, for a young offender, not more than 200 hours (see s 91 and s 133L).
Note 2	Community service work is work declared by regulation under the Crimes (Sentence Administration) Act 2005 (see that Act, s 316).
86	Application—pt 6.1
This part applies if a court is considering whether to include a community service condition in a good behaviour order for an offender.
87	Community service—convicted offenders only
The court must not include a community service condition in the good behaviour order unless the offender is convicted of the offence for which the order is made.
Note	A good behaviour order under s 17 (2) (b) (Non-conviction orders—general) cannot include a community service condition because the offender is found guilty, but not convicted, of the offence.
88	Community service—eligibility
	(1)	The court must not include a community service condition in the good behaviour order unless satisfied that—
	(a)	community service work is suitable for the offender (see section 89); and
	(b)	it is appropriate that the offender be required to perform community service work.
	(2)	The court may decline to include a community service condition in the good behaviour order if—
	(a)	the court asks the offender to undergo a medical examination by a doctor, as directed by the court; and
	(b)	the offender does not undergo the examination in accordance with the direction.
89	Community service—suitability
	(1)	The court must not include a community service condition in the good behaviour order unless a pre-sentence report is given to the court about the offender’s suitability to serve a sentence (or a part of a sentence) by performing community service work.
	(2)	In deciding whether to include a community service condition in the good behaviour order, the court must consider the following:
	(a)	the pre-sentence report;
	(b)	any medical report about the offender given to the court;
	(c)	any evidence given by the person who prepared the pre‑sentence report;
	(d)	any evidence given by a corrections officer about the offender.
	(3)	Subsection (2) does not limit the matters that the court may consider.
	(4)	In considering the pre-sentence report, the court must consider any indicators of unsuitability mentioned in table 90, column 3 that are stated in the report to apply to the offender.
	(5)	The court may include, or decline to include, a community service condition in a good behaviour order for the offender despite—
	(a)	any recommendation in the pre-sentence report about the offender’s suitability to serve a sentence (or a part of a sentence) by performing community service work; or
	(b)	any evidence given by the person who prepared the pre‑sentence report or a corrections officer.
	(6)	The court must record reasons for its decision to include, or decline to include, a community service condition in the good behaviour order if—
	(a)	the pre-sentence report recommends that the offender is suitable but the court decides not to include a community service condition; or
	(b)	the pre-sentence report recommends that the offender is not suitable but the court decides to include a community service condition.
	(7)	Failure to comply with subsection (6) does not invalidate the good behaviour order.
90	Community service—pre-sentence report matters
For section 42 (4) (Pre-sentence reports by assessors), the matters for assessing the offender’s suitability to serve a sentence (or a part of a sentence) by performing community service work are the matters mentioned in table 90, column 2.
Table 90	Assessment of suitability—community service work
column 1
item	column 2
matter	column 3
indication of unsuitability	
1	degree of dependence on alcohol or a controlled drug	major problem with alcohol or a controlled drug	
2	psychiatric or psychological condition	major psychiatric or psychological disorder	
3	medical condition	potential unfitness to perform community service work	
4	criminal record	serious criminal record	
5	employment and personal circumstances	potential impracticability of regular reporting for community service work	
91	Community service—hours to be performed
	(1)	The number of hours of community service work required to be performed for a community service condition in the good behaviour order must be at least 20 hours and not more than 500 hours.
Note	For a young offender, the maximum is 200 hours (see s 133L).
	(2)	The period during which the community service work is required to be completed under the community service condition must be at least—
	(a)	if fewer than 250 hours work is required—12 months; or
	(b)	if 250 or more hours work is required—24 months.
92	Community service—concurrent and consecutive orders
	(1)	This section applies if the offender is currently subject to a community service condition under a good behaviour order (an existing order).
	(2)	If the court makes a further good behaviour order that includes a community service condition (a new order), the court may direct that the hours of community service work to be performed by the offender under the new order run concurrently or consecutively, or partly concurrently and partly consecutively, with the hours of community service work remaining to be performed under the existing order.
	(3)	However, the total of the hours to be performed under the new order and those remaining to be performed under the existing order must not be more than 500.
Note	For a young offender, the maximum is 200 hours (see s 133L).

Part 6.2	Good behaviour orders—rehabilitation program conditions
93	Definitions—pt 6.2
In this Act:
rehabilitation program, for a good behaviour order, means a program prescribed by regulation for the rehabilitation of offenders.
rehabilitation program condition, of a good behaviour order for an offender, means a condition included in the order that an offender undertake a rehabilitation program.
94	Application—pt 6.2
This part applies if a court is considering whether to include a rehabilitation program condition in a good behaviour order for an offender.
95	Rehabilitation programs—probation condition required
	(1)	If the court includes a rehabilitation program condition in the good behaviour order, the court must also include a probation condition in the order.
	(2)	Subsection (1) does not apply to a good behaviour order for a young offender if a supervision condition is included in the order under section 133V (Supervision conditions—when required).
96	Rehabilitation programs—eligibility
	(1)	The court must not include a rehabilitation program condition in the good behaviour order unless satisfied that—
	(a)	a rehabilitation program of a particular kind is suitable for the offender; and
	(b)	it is appropriate that the offender undertake a rehabilitation program of that kind; and
	(c)	a place for the offender in a program of that kind is available or will become available within a reasonable time.
	(2)	The court may decline to include a rehabilitation program condition in the good behaviour order if—
	(a)	the court asks the offender to undergo a medical examination by a doctor, as directed by the court; and
	(b)	the offender does not undergo the examination in accordance with the direction.
97	Rehabilitation programs—suitability
	(1)	The court must not include a rehabilitation program condition in the good behaviour order unless—
	(a)	a pre-sentence report is given to the court about the offender’s suitability to take part in a rehabilitation program; or
	(b)	there is some other information (relevant sentencing information) before the court about the nature of the program and its suitability for the offender that justifies including the condition in the good behaviour order.
Example of relevant sentencing information that may justify making an order
a letter offering the offender a place in a rehabilitation program that explains the nature of the program and why it would be suitable for the offender
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	In deciding whether to include a rehabilitation program condition in the good behaviour order, the court must consider the following:
	(a)	any pre-sentence report or relevant sentencing information for the offender given to the court;
	(b)	any medical report about the offender given to the court;
	(c)	any evidence given by the person who prepared a pre-sentence report for the offender or who gave relevant sentencing information to the court;
	(d)	any evidence given by a corrections officer about the offender.
	(3)	Subsection (2) does not limit the matters that the court may consider.
	(4)	The court may include, or decline to include, a rehabilitation program condition in the good behaviour order despite—
	(a)	any recommendation in any pre-sentence report, or indication in relevant sentencing information, about the offender’s suitability to serve a sentence (or a part of a sentence) by taking part in a rehabilitation program; or
	(b)	any evidence given by the person who prepared any pre‑sentence report for the offender or who gave relevant sentencing information to the court; or
	(c)	any evidence given by a corrections officer.
	(5)	The court must record reasons for its decision to include, or decline to include, a rehabilitation program condition in the good behaviour order if—
	(a)	any pre-sentence report recommends, or relevant sentencing information indicates, that the offender is suitable but the court decides not to include a rehabilitation program condition; or
	(b)	any pre-sentence report recommends, or relevant sentencing information indicates, that the offender is not suitable but the court decides to include a rehabilitation program condition.
	(6)	Failure to comply with subsection (5) does not invalidate the good behaviour order.
98	Rehabilitation programs—pre-sentence report matters 
For section 42 (5) (Pre-sentence reports by assessors), the matters for assessing the offender’s suitability to serve a sentence (or a part of a sentence) by taking part in a rehabilitation program are whether the offender was—
	(a)	under the influence of alcohol or a controlled drug when the offence was committed; or
	(b)	motivated to commit the offence by a desire—
	(i)	to administer a controlled drug to himself or herself; or
	(ii)	to obtain a controlled drug for self-administration; or
	(iii)	to obtain resources to enable the offender to obtain a controlled drug for self-administration.
99	Rehabilitation programs—maximum period
A rehabilitation program condition included in the good behaviour order must not require the offender to take part in a rehabilitation program for longer than 3 years.
100	Rehabilitation programs—concurrent and consecutive orders
	(1)	This section applies if the offender is currently subject to a rehabilitation program condition under a good behaviour order (an existing order).
	(2)	If the court makes a further good behaviour order that includes a rehabilitation program condition (a new order), the court may direct that the new order operate concurrently or consecutively, or partly concurrently and partly consecutively, with the existing order.
	(3)	However, the new order must not be stated to end later than 3 years after the day the new order is made, irrespective of when the order is to take effect.

Part 6.3	Good behaviour orders—explanations and official notice
101	Application—pt 6.3
This part applies if a court makes a good behaviour order for an offender.
102	Good behaviour orders—explanation to offenders
	(1)	The court must ensure that reasonable steps are taken to explain to the offender in general terms (and in language the offender can readily understand)—
	(a)	the nature and conditions of the good behaviour order; and
	(b)	the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005; and 
	(c)	the consequences if the offender breaches the obligations.
Note	An offender may breach the obligations by failing to comply with them (see Legislation Act, dict, pt 1, def breach).
	(2)	Failure to comply with this section does not invalidate the good behaviour order.
103	Good behaviour orders—official notice of order
	(1)	As soon as practicable after the court makes the good behaviour order, the court must ensure that written notice of the order, together with a copy of the order, is given to—
	(a)	the offender; and
	(b)	if the order includes a community service condition, probation condition or rehabilitation program condition—the director‑general.
Note 1	If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act, s 49).
Note 2	For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
	(2)	The notice must include the following information:
	(a)	the term of the good behaviour order;
	(b)	if the good behaviour order includes a community service condition—
	(i)	the number of hours of community service work the offender is to perform; and
	(ii)	the period during which the work is to be completed; and
	(iii)	where the offender must present himself or herself for the administration of the condition to start; and
	(iv)	when, or the period within which, the offender must present;
	(c)	if the good behaviour order includes a probation condition—
	(i)	the probation supervisor for the offender; and
	(ii)	where the offender must present himself or herself for the administration of the condition to start; and
	(iii)	when, or the period within which, the offender must present;
	(d)	if the good behaviour order includes a rehabilitation program condition—
	(i)	the rehabilitation program the offender is to take part in; and
	(ii)	the period for which the offender is to take part in the program; and
	(iii)	where the offender must present himself or herself for the administration of the condition to start; and
	(iv)	when or the period within which the offender must present;
	(e)	any other conditions included in the good behaviour order.
	(3)	Failure to comply with this section does not invalidate the good behaviour order.
	(4)	In this section:
director‑general means—
	(a)	for an order made for a young offender—the CYP director‑general; and
	(b)	for any other order—the director‑general responsible for this Act. 
104	Good behaviour orders—explanation and notice to sureties
	(1)	This section applies if the good behaviour order includes a condition that a surety give security for the offender.
	(2)	The court must ensure that reasonable steps are taken to explain to the surety in general terms (and in language the surety can readily understand)—
	(a)	the nature and the conditions of the order (including the amount of the security); and
	(b)	the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005; and 
	(c)	the consequences for the offender and the surety if the offender breaches the obligations.
Note	An offender may breach the obligations by failing to comply with them (see Legislation Act, dict, pt 1, def breach).
	(3)	The court must also ensure that reasonable steps are taken to give a copy of the good behaviour order to the surety.
	(4)	Failure to comply with this section does not invalidate the good behaviour order or the security.

Part 6.4	Good behaviour orders—other provisions
105	Good behaviour—consequences of failure to sign undertaking
	(1)	This section applies if an offender fails to sign the undertaking mentioned in section 13 (2) for a good behaviour order made in relation to the offender.
	(2)	The court that made the good behaviour order may re-sentence the offender, or convict and sentence the offender, as if the order had not been made.
	(3)	To remove any doubt, if the offender is re-sentenced by the court under this section, the offender has the same rights of appeal as the offender would have had if the good behaviour order had not been made.
106	Good behaviour—maximum amount of security
	(1)	The maximum amount of security that may be required to be given by an offender or a surety under a good behaviour order is—
	(a)	if the offence is punishable by a fine—the maximum fine that may be imposed for the offence; or
	(b)	if the offence is not punishable by a fine—
	(i)	for the Supreme Court—$10 000; or
	(ii)	for the Magistrates Court—$2 000.
	(2)	However, a good behaviour order made by the Magistrates Court must not include a condition that the offender or a surety give security unless—
	(a)	the offence is punishable by imprisonment for longer than 6 months; or
	(b)	a suspended sentence order has been made for the offence.

Chapter 7	Reparation orders
    
107	Application—ch 7
This part applies if a court is considering whether to make, or makes, a reparation order for an offender for an offence.
108	Reparation orders—no agreement about amount of loss etc
	(1)	If the offender and the director of public prosecutions (or any other applicant for the reparation order) do not agree about the amount the offender is to be ordered to pay under the reparation order, the court must decide the amount.
	(2)	To remove any doubt, section 110 (Reparation orders—evidential basis for orders) applies in relation to facts about the amount the offender is to be ordered to pay under the reparation order.
109	Reparation orders—payment by instalments
If the court makes a reparation order for the payment of money, the court may, in addition, order that—
	(a)	the amount be paid by stated instalments; and
	(b)	the offender give security, with or without sureties, to the satisfaction of a stated officer of the court for the payment of the amount or of each instalment of the amount.
110	Reparation orders—evidential basis for orders
	(1)	A reparation order must not be made for the offence unless the court considers that the order should be made on the basis of facts established by—
	(a)	evidence given at the trial; or
	(b)	available documents; or
	(c)	admissions by the offender; or
	(d)	submissions made by or for anyone (including the director of public prosecutions).
	(2)	In this section:
available documents, in relation to the offence, means any of the following:
	(a)	any written statements or admissions made for use as evidence at a trial that would have been admissible as evidence at the trial for the offence;
	(b)	depositions taken at any committal proceeding for the offence; 
	(c)	any written statements or admissions used as evidence in any committal proceeding for the offence;
	(d)	any other relevant written documents.
Example for par (d)
If the value of an object, or the cost of its repair, is relevant to the proceeding for the reparation order, an affidavit by a valuer or repairer about the value of the object or the cost of its repair would be a relevant written document.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
110A	Reparation orders—enforcing non-money order
	(1)	This section applies if the reparation order does not require the payment of money.
Note	An offender may breach a reparation order by failing to comply with it (see Legislation Act, dict, pt 1, def breach).
	(2)	If the offender breaches the reparation order, the person in whose favour the order was made may apply to the court for an order under this section to be made against the offender.
	(3)	On an application under subsection (2), the court may make an order for the payment of money against the offender in substitution for the breached order.
111	Reparation orders—power to make other orders etc
To remove any doubt, the power to make a reparation order under a provision of this Act is additional to the court’s other powers under this Act or any other territory law, including its power to make a reparation order under another provision of this Act or any other territory law.
Example
Stan broke into Alice’s house and stole property belonging to Alice.  None of the property was recovered.  Stan is convicted of the theft of the property.  The court may make reparation orders ordering Stan to pay Alice—
·	the value of the stolen property (see s 20); and
·	the costs of repairing the damage caused during the break-in (see s 19).
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
112	Reparation orders—Confiscation of Criminal Assets Act
	(1)	The court must not order the offender to make reparation to a person only because the person’s property is subject to a restraining order or forfeiture order under the Confiscation of Criminal Assets Act 2003 (the Confiscation Act).
	(2)	To remove any doubt—
	(a)	an amount payable under a reparation order cannot be recovered from property that has been restrained or forfeited under the Confiscation Act; and
	(b)	a reparation order for the restoration of property cannot be made for property that has been restrained or forfeited under the Confiscation Act.
Note 1	Restrained property may be dealt with only in accordance with the Confiscation Act (see that Act, s 19, def restraining order and s 33 (1)).  For the exclusion of restrained property from forfeiture, see the Confiscation Act, pt 6.
Note 2	For applications by a person who had an interest in forfeited property for the property’s return or for compensation, see the Confiscation Act, div 9.5.
	(3)	In this section:
restrained—property that has been restrained under the Confiscation Act includes—
	(a)	property in relation to which an application for a restraining order has been made under that Act; and
	(b)	property in relation to which an application for a conviction forfeiture order has been made under that Act; and
	(c)	property subject to forfeiture under that Act.
113	Reparation orders—official notice of order
	(1)	This section applies if the court makes a reparation order for the offender.
	(2)	As soon as practicable after the court makes the reparation order, the court must ensure that written notice of the order, together with a copy of the order, is given to—
	(a)	the offender; and
	(b)	the person in whose favour the order is made.
Note 1	If the order is part of a combination sentence, a single notice may be given for the sentences (see Legislation Act, s 49).
Note 2	For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
	(3)	Failure to comply with this section does not invalidate the reparation order.

Chapter 8	Deferred sentence orders
Part 8.1	Deferred sentence orders—making
114	Application—pt 8.1
This chapter applies if a court is considering whether to make, or makes, a deferred sentence order for an offender.
115	Meaning of deferred sentence obligations—pt 8.1
In this Act:
deferred sentence obligations, for an offender—see section 120 (Deferred sentence orders—obligations).
116	Deferred sentence orders—eligibility
	(1)	The court must not make a deferred sentence order for the offender unless it considers that—
	(a)	releasing the offender on bail would allow the offender to address his or her criminal behaviour and anything that has contributed to the behaviour; and
	(b)	if the offender were to comply with the order, and any bail conditions, the court might not impose as severe a sentence for the offence.
	(2)	The court may make a deferred sentence order whether or not it considers that the seriousness of the offence justifies a sentence of imprisonment.
117	Deferred sentence orders—suitability
	(1)	In deciding whether to make a deferred sentence order for the offender, the court must consider the following:
	(a)	any pre-sentence report about the offender;
Note	The court may order a pre-sentence report under s 41.
	(b)	any evidence given by the person who prepared a pre-sentence report for the offender;
	(c)	any evidence given by a corrections officer about the offender.
	(2)	Subsection (1) does not limit the matters that the court may consider.
	(3)	The court may make, or decline to make, a deferred sentence order despite—
	(a)	any recommendation in any pre-sentence report about the offender’s suitability for a deferred sentence order; or
	(b)	any evidence given by the person who prepared any pre‑sentence report for the offender or a corrections officer.
	(4)	The court must record reasons for its decision to make a deferred sentence order if—
	(a)	any pre-sentence report recommends that the offender is suitable but the court decides not to make a deferred sentence order; or
	(b)	any pre-sentence report recommends that the offender is not suitable but the court decides to make a deferred sentence order.
	(5)	Failure to comply with subsection (4) does not invalidate a deferred sentence order.
118	Deferred sentence orders—indication of penalties
If the court makes a deferred sentence order for the offender, the court must state, in general terms—
	(a)	the penalty that the offender might receive if the offender complies with the order and any bail conditions; and
	(b)	the penalty that the offender might receive if the offender does not comply with the order or a bail condition.
119	Deferred sentence orders—review requirements in orders
If the court makes a deferred sentence order for the offender, the court may require the offender to appear before the court at the times (before the time stated in the order under section 27 (2)), and at the places, stated in the order for the purpose of reviewing the offender’s compliance with the order.
Note	The court may also review the offender’s bail at any time, see the Bail Act 1992, s 41A.
120	Deferred sentence orders—obligations
The offender’s obligations (the deferred sentence obligations) while subject to a deferred sentence order are—
	(a)	to comply with the order (including any conditions of the order); and
	(b)	to comply with the offender’s bail conditions.
121	Deferred sentence orders—explanation and official notice
	(1)	If the court makes a deferred sentence order for the offender, the court must ensure that reasonable steps are taken to explain to the offender in general terms (and in language the offender can readily understand)—
	(a)	the nature and conditions of the order and the offender’s bail under the Bail Act 1992; and
	(b)	the offender’s obligations under the order and the Bail Act 1992; and
	(c)	the consequences if the offender breaches the obligations.
Note	An offender may breach the obligations by failing to comply with them (see Legislation Act, dict, pt 1, def breach).
	(2)	As soon as practicable after the court makes the deferred sentence order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender.
Note 1	The offender must also be given written notice of any bail conditions (see Bail Act 1992, s 34).
Note 2	For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
	(3)	Failure to comply with this section does not invalidate the deferred sentence order.
122	Deferred sentence orders—period of effect
	(1)	A deferred sentence order must not state a time (the sentencing time) under section 27 (2) (Deferred sentence orders—making) that is more than 12 months after the day the order is made.
	(2)	A deferred sentence order—
	(a)	starts on the day it is made; and
	(b)	ends—
	(i)	at the sentencing time; or
	(ii)	if the order is earlier cancelled under section 128 (Deferred sentence orders—court’s powers on review) or section 132 (Deferred sentence orders—automatic cancellation on bail revocation)—on the day the court cancels it.

Part 8.2	Deferred sentence orders—supervision
123	Application—pt 8.2
This part applies if a court (the sentencing court) makes a deferred sentence order for an offender.
124	Deferred sentence orders—arrest without warrant
	(1)	This section applies if a police officer believes, on reasonable grounds, that the offender has breached the offender’s deferred sentence obligations.
	(2)	The police officer may arrest the offender without a warrant.
	(3)	If the police officer arrests the offender, the police officer must bring the offender before—
	(a)	the sentencing court; or
	(b)	if the sentencing court is not sitting—a magistrate.
125	Deferred sentence orders—arrest warrant
	(1)	If a judge or magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that the offender has breached, or will breach, the offender’s deferred sentence obligations, the judge or magistrate may issue a warrant for the offender’s arrest. 
Note	For the arrest of an offender who breaches bail, see the Bail Act 1992, s 56A and s 56B.
	(2)	The warrant must—
	(a)	be in writing signed by the judge or magistrate; and
	(b)	be directed to all police officers or a named police officer; and
	(c)	state briefly the matter on which the information is based; and
	(d)	order the offender’s arrest and bringing the offender before the sentencing court.
	(3)	If a police officer arrests the offender under this section, the police officer must, as soon as practicable, bring the offender before—
	(a)	the sentencing court; or
	(b)	if the sentencing court is not sitting—a magistrate.
126	Deferred sentence orders—review
	(1)	The sentencing court may review the offender’s deferred sentence order at any time.
Note	The court may also review the offender’s bail at any time, see the Bail Act 1992, s 41A.
	(2)	Without limiting subsection (1), the sentencing court may review the deferred sentence order to consider whether the offender has breached, or may breach, the offender’s deferred sentence obligations.
	(3)	The sentencing court may review the deferred sentence order—
	(a)	on its own initiative; or 
	(b)	on application by—
	(i)	the offender; or
	(ii)	the director‑general; or
	(iii)	the director of public prosecutions.
	(4)	A person mentioned in subsection (3) (b) may appear at a review.
	(5)	In this section:
director‑general means—
	(a)	if the offender is under 18 years old when the application is made—the CYP director‑general; and
	(b)	in any other case—the director‑general responsible for this Act. 
127	Deferred sentence orders—notice of review
	(1)	The sentencing court must give a written notice of a proposed review of the offender’s deferred sentence order to the offender, the director‑general and the director of public prosecutions.
	(2)	The notice must set out—
	(a)	the reasons for the review; and
	(b)	the time and place fixed for the review.
	(3)	In this section:
director‑general means—
	(a)	if the offender is under 18 years old when the notice is given—the CYP director‑general; and
	(b)	in any other case—the director‑general responsible for this Act. 

Part 8.3	Deferred sentence orders—amendment or cancellation
128	Deferred sentence orders—court’s powers on review
After reviewing the offender’s deferred sentence order, the sentencing court may do any of the following:
	(a)	take no further action;
	(b)	give the offender a warning about the need to comply with the offender’s deferred sentence obligations (including any bail conditions);
	(c)	by order, amend any of the deferred sentence order’s conditions;
	(d)	by order, cancel the deferred sentence order if—
	(i)	the offender has applied for its cancellation; or
	(ii)	the court is satisfied that the offender has breached the offender’s deferred sentence obligations.
129	Deferred sentence orders—when amendments take effect
	(1)	This section applies if the sentencing court makes an order (an amendment order) under section 128 (1) (c) amending the offender’s deferred sentence order’s conditions.
	(2)	The court must record its reasons for the decision.
	(3)	The amendment order must state when it takes effect.
	(4)	The date of effect must be—
	(a)	the date when the sentencing court gives the offender written notice of the amendment order; or
	(b)	if a later date of effect is stated in the amendment order—the date stated.
	(5)	As soon as practicable after the sentencing court makes the amendment order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender, the director‑general and the director of public prosecutions.
Note	For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
	(6)	Failure to comply with subsection (5) does not invalidate the amendment order.
	(7)	In this section:
director‑general means—
	(a)	if the offender is under 18 years old when the amendment order is made—the CYP director‑general; and
	(b)	in any other case—the director‑general responsible for this Act. 
130	Deferred sentence orders—when cancellation takes effect
	(1)	This section applies if the sentencing court makes an order (a cancellation order) under section 128 (Deferred sentence orders—court’s powers on review) cancelling the offender’s deferred sentence order.
	(2)	The court must record its reasons for the decision.
	(3)	The cancellation order takes effect on the day it is made.
	(4)	As soon as practicable after the sentencing court makes the cancellation order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender, the director‑general and the director of public prosecutions.
Note	For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).
	(5)	Failure to comply with subsection (4) does not invalidate the cancellation order.
	(6)	In this section:
director‑general means—
	(a)	if the offender is under 18 years old when the cancellation order is made—the CYP director‑general; and
	(b)	in any other case—the director‑general responsible for this Act. 
131	Deferred sentence orders—effect of cancellation
	(1)	This section applies if the sentencing court makes an order (a cancellation order) under section 128 (Deferred sentence orders—court’s powers on review) cancelling the offender’s deferred sentence order.
	(2)	The offender’s bail in relation to which the deferred sentence order was made is automatically revoked on the making of the cancellation order.
	(3)	The sentencing court must sentence the offender for all offences for which the court may sentence the offender, whether or not they are punishable by imprisonment.

Part 8.4	Deferred sentence orders—other provisions
132	Deferred sentence orders—automatic cancellation on bail revocation
The offender’s deferred sentence order is automatically cancelled if the offender’s bail in relation to which the order was made is revoked.
133	Deferred sentence orders—relationship with Bail Act
	(1)	A requirement in a deferred sentence order under section 27 (2) (Deferred sentence orders—making) or section 119 (Deferred sentence orders—review requirements in orders) for an offender to appear before the sentencing court—
	(a)	does not affect a court’s power under the Bail Act 1992 to require the offender to appear before the court under that Act; and
	(b)	applies to the offender despite the Bail Act 1992, section 6 (2) (b) (Rights following grant of bail).
Note	The Bail Act 1992, s 6 (2) (b) provides a bailed person is entitled to remain at liberty in relation to the offence until required to appear before a court in accordance with the person’s undertaking to appear under that Act.
	(2)	To remove any doubt, section 27 (5) does not limit, and is not limited by, the Bail Act 1992, section 25 (Conditions on which bail may be granted to adults).
	(3)	To remove any doubt, section 128 (1) (c) (Deferred sentence orders—court’s powers on review) does not limit, and is not limited by, any provision of the Bail Act 1992 about varying an offender’s bail conditions.
	(4)	To remove any doubt, section 126 (Deferred sentence orders—review) does not limit, and is not limited by, any provision of the Bail Act 1992, part 6 (Review of bail decisions) about review of an offender’s bail.

Chapter 8A	Sentencing young offenders
Part 8A.1	General
133A	Purpose—ch 8A
	(1)	The purpose of this chapter is to set out particular provisions that apply to the sentencing of young offenders.
	(2)	Except as provided in this chapter or otherwise in this Act, this Act applies to young offenders in the same way as it applies to other offenders.
133B	Meaning of young offender—Act
In this Act:
young offender means a person who—
	(a)	has been convicted or found guilty of an offence by a court; and
	(b)	was under 18 years old when the offence was committed.
133C	Young offenders—purposes of sentencing
	(1)	Despite section 7 (2), in sentencing a young offender, a court must consider the purpose of promoting the rehabilitation of the young offender and may give more weight to that purpose than it gives to any of the other purposes stated in section 7 (1).
	(2)	Also, in sentencing a young offender, a court must have particular regard to the common law principle of individualised justice.
133D	Young offenders—sentencing—additional relevant considerations
	(1)	In deciding how a young offender should be sentenced (if at all) for an offence, a court must consider the following matters:
	(a)	the young offender’s culpability for the offence having regard to his or her maturity; 
	(b)	the young offender’s state of development; 
	(c)	the past and present family circumstances of the young offender.
	(2)	This section applies in addition to section 33 (Sentencing—relevant considerations).
133E	Young offenders—pre-sentence report matters
	(1)	Each of the following is a pre-sentence report matter in relation to a young offender:
	(a)	the young offender’s culpability for the offence having regard to his or her maturity; 
	(b)	the young offender’s state of development; 
	(c)	the past and present family circumstances of the young offender.
	(2)	This section applies in addition to section 40A (Pre-sentence report matters).
133F	Young offenders—director‑general may give court information about availability of resources
The CYP director‑general may give the court information about the availability of resources that would be needed to give effect to an order the court may make in relation to a young offender under this Act.
133G	Young offenders—sentences of imprisonment
	(1)	This section applies if a court is sentencing a young offender to imprisonment under section 10.
Note	Section 10 allows a court to sentence an offender to imprisonment if satisfied that no other penalty is appropriate.
	(2)	The sentence of imprisonment must be a last resort and for the shortest appropriate term.
	(3)	The court must consider making a combination sentence consisting of—
	(a)	the sentence of imprisonment; and
	(b)	a good behaviour order with a supervision condition.
Note	There is no provision for the setting of a nonparole period for a sentence of imprisonment imposed on a young offender (see s 64 (3), def excluded sentence of imprisonment).
	(4)	The court must not sentence the young offender to imprisonment for life.
133H	Young offenders—imprisonment to be at detention place
	(1)	This section applies (instead of section 10 (3)) if a court sentences a young offender to imprisonment and the young offender is under 21 years old when the sentence is imposed.
	(2)	The sentence must be served by full-time detention at a detention place unless the young offender is—
	(a)	released from full-time detention under this Act or another territory law; or
	(b)	transferred to a correctional centre under the Children and Young People Act 2008.
133I	Young offenders—non-association and place restriction orders
A court must not make a non-association order or place restriction order for a young offender unless satisfied that the order would not—
	(a)	interfere with the young offender’s access to appropriate education or training; or
	(b)	disproportionately interfere with the young offender’s access to public transport or accommodation.
Note	Pt 3.4 makes provision for non-association orders and place restriction orders for offenders.
133J	Young offenders—notice of orders to parent etc
	(1)	This section applies if written notice of an order and a copy of the order is required to be given to a young offender under any of the following:
	(a)	section 12 (4) (Suspended sentences);
	(b)	section 14 (7) (Fines—orders to pay);
	(c)	section 16 (4) (Driver licence disqualification orders—motor vehicle theft);
	(d)	section 17 (5) (Non-conviction orders—general);
	(e)	section 25 (2) (Non-association and place restriction orders—explanation and official notice);
	(f)	section 84 (1) (Imprisonment—official notice of sentence);
	(g)	section 103 (1) (Good behaviour orders—official notice of order);
	(h)	section 113 (2) (Reparation orders—official notice of order);
	(i)	section 121 (2) (Deferred sentence orders—explanation and official notice of effect);
	(j)	section 129 (5) (Deferred sentence orders—when amendments take effect);
	(k)	section 130 (4) (Deferred sentence orders—when cancellation takes effect).
	(2)	If the young offender is under 18 years old, the court must ensure that the notice and a copy of the order is also given to a parent of the young offender and anyone else who has parental responsibility for the young offender under the Children and Young People Act 2008.
133K	Young offenders—references to corrections officer
A reference in this Act to a corrections officer is, in relation to a young offender, a reference to a youth detention officer under the Children and Young People Act 2008.

Part 8A.2	Young offenders—good behaviour orders
Division 8A.2.1	Young offenders—good behaviour orders generally
133L	Young offenders—community service—hours to be performed
	(1)	The number of hours of community service work required to be performed for a community service condition in a good behaviour order for a young offender—
	(a)	must be at least 20 hours and not more than 200 hours; and
	(b)	must not interfere with the young offender’s access to appropriate education or training.
	(2)	The period during which the community service work is required to be completed under the community service condition must be not longer than 12 months.
	(3)	Section 92 (3) (Community service—concurrent and consecutive orders) applies in relation to a young offender as if the reference to 500 hours were a reference to 200 hours.
133M	Young offenders—good behaviour orders—conditions
	(1)	A good behaviour order for a young offender must not include a condition mentioned in section 13 (3) (a) (which is about giving security for compliance with an order).
	(2)	In addition to the conditions mentioned in section 13 (3) (b) to (g), a good behaviour order for a young offender may include—
	(a)	an education and training condition; and
Note	An education and training condition must not be included in the order unless the young offender is convicted or found guilty of the offence (see s 133P).
	(b)	a supervision condition.
Division 8A.2.2	Good behaviour orders—education and training conditions
133N	Meaning of education and training condition—Act
In this Act:
education and training condition, of a good behaviour order for a young offender, means a condition included in the order that the young offender undertake education or training.
133O	Application—div 8A.2.2
This division applies if a court is considering whether to include an education and training condition in a good behaviour order for a young offender.
133P	Education and training conditions—for young offenders convicted or found guilty
A good behaviour order cannot include an education and training condition unless the young offender has been convicted or found guilty of the offence for which the order is made.
133Q	Education and training conditions—eligibility
The court must not include an education and training condition in the good behaviour order unless satisfied that—
	(a)	education or training of a particular kind is suitable for the young offender; and
	(b)	it is appropriate that the young offender undertake education or training of that kind; and
	(c)	a place for the young offender in education or training of that kind is available or will become available within a reasonable time.
133R	Education and training conditions—suitability
	(1)	In deciding whether to include an education and training condition in the good behaviour order, the court must consider the following:
	(a)	any pre-sentence report or relevant sentencing information for the young offender given to the court;
	(b)	any medical report about the young offender given to the court;
	(c)	any evidence given by the person who prepared a pre-sentence report for the young offender or who gave relevant sentencing information to the court;
	(d)	any evidence given by the CYP director‑general about the young offender.
	(2)	Subsection (1) does not limit the matters that the court may consider.
	(3)	The court may include, or decline to include, an education and training condition in the good behaviour order for the young offender despite—
	(a)	any recommendation in any pre-sentence report, or indication in relevant sentencing information, about the suitability of the young offender to serve a sentence (or a part of a sentence) by taking part in education or training; or
	(b)	any evidence given by the person who prepared any pre‑sentence report for the young offender or who gave relevant sentencing information to the court; or
	(c)	any evidence given by the CYP director‑general about the young offender.
	(4)	The court must record reasons for its decision to include, or not include, an education and training condition in the good behaviour order if—
	(a)	a pre-sentence report recommends, or relevant sentencing information indicates, that the young offender is suitable but the court decides not to include an education and training condition; or
	(b)	a pre-sentence report recommends, or relevant sentencing information indicates, that the young offender is not suitable but the court decides to include an education and training condition.
	(5)	Failure to comply with subsection (4) does not invalidate the good behaviour order.
133S	Education and training conditions—maximum period
An education and training condition included in the good behaviour order must not require the young offender take part in education or training for longer than 3 years.
133T	Education and training conditions—2 or more good behaviour orders
	(1)	This section applies if—
	(a)	a young offender is currently subject to an education and training condition under a good behaviour order (an existing order); and
	(b)	the court makes a further good behaviour order that includes an education and training condition (a new order).
	(2)	The court may direct how the new order and the existing order work together.
	(3)	However, the new order must not require the young offender to undergo education or training as stated in the order for more than 3 years.
Division 8A.2.3	Good behaviour orders—supervision conditions
133U	Meaning of supervision condition—Act
	(1)	In this Act:
supervision condition, of a good behaviour order for a young offender, means a condition included in the order that—
	(a)	requires the young offender to comply with all reasonable directions given by the director‑general; and
	(b)	allows the director‑general to require information from entities directly supervising the young offender.
	(2)	In this section:
director‑general means—
	(a)	if the offender is under 18 years old when the direction is given or the requirement is made—the CYP director‑general; and
	(b)	in any other case—the director‑general responsible in accordance with a decision made under the Crimes (Sentence Administration) Act 2005, section 320F. 
133V	Supervision conditions—when required
	(1)	A court must include a supervision condition in a good behaviour order for a young offender if the court has made, or proposes to make, a good behaviour order that includes—
	(a)	a community service condition; or
	(b)	a rehabilitation program condition; or
	(c)	an education and training condition.
	(2)	Subsection (1) does not limit the circumstances in which the court may include a supervision condition in a good behaviour order.
133W	Supervision conditions—maximum period
A supervision condition included in the good behaviour order must not require the young offender to comply with all reasonable directions given by the director‑general for longer than 3 years.
133X	Supervision conditions—2 or more good behaviour orders
	(1)	This section applies if—
	(a)	a young offender is currently subject to a supervision condition under a good behaviour order (an existing order); and
	(b)	the court makes a further good behaviour order that includes a supervision condition (a new order).
	(2)	The court may direct how the new order and the existing order work together.
	(3)	However, the new order must not require the young offender to be supervised as stated in the order for longer than 3 years.

Part 8A.3	Young offenders—accommodation orders
    
133Y	Meaning of accommodation order—Act
	(1)	In this Act:
accommodation order, in relation to a young offender, means an order made by a court requiring the young offender to live at the place or with the person, whether within or outside the ACT—
	(a)	stated in the order; or
	(b)	that the director‑general from time to time directs.
	(2)	In this section:
director‑general means—
	(a)	if the offender is under 18 years old when the direction is given—the CYP director‑general; and
	(b)	in any other case—the director‑general responsible in accordance with a decision made under the Crimes (Sentence Administration) Act 2005, section 320F. 
133Z	Accommodation orders—for young offenders convicted or found guilty
If a young offender has been convicted or found guilty of an offence, the court may make an accommodation order for the young offender.
133ZA	Accommodation orders—eligibility
The court must not make an accommodation order for a young offender unless satisfied that—
	(a)	the order would be suitable for the young offender; and
	(b)	if the order states that the young offender is to live at a place—the person in charge of the place agrees to accommodate the young offender at the place; and
	(c)	if the order states that the child is to live with a person—
	(i)	the person is a suitable person to accommodate the young offender; and
	(ii)	the person agrees to the young offender living with the person.
133ZB	Accommodation orders—suitability
	(1)	In deciding whether to make an accommodation order for a young offender, the court must consider the following:
	(a)	any pre-sentence report or relevant sentencing information for the young offender given to the court;
	(b)	any medical report about the young offender given to the court;
	(c)	any evidence given by the person who prepared a pre-sentence report for the young offender or who gave relevant sentencing information to the court; 
	(d)	any evidence given by the CYP director‑general about the young offender.
	(2)	Subsection (1) does not limit the matters that the court may consider.
	(3)	The Court may make, or decline to make, an accommodation order, for a young offender despite—
	(a)	any recommendation in any pre-sentence report, or indication in relevant sentencing information, about the appropriateness of an accommodation order for the young offender; or
	(b)	any evidence given by the person who prepared any pre‑sentence report for the young offender or who gave relevant sentencing information to the court; or
	(c)	any evidence given by the CYP director‑general about the young offender.
	(4)	The Court must record reasons for its decision in relation to a young offender if—
	(a)	a pre-sentence report recommends, or relevant sentencing information indicates, that an accommodation order be made for the young offender but the court does not make an accommodation order; or
	(b)	a pre-sentence report recommends, or relevant sentencing information indicates, that an accommodation order not be made for the young offender but the court makes an accommodation order.
	(5)	Failure to comply with subsection (4) does not invalidate the accommodation order.
133ZC	Accommodation orders—maximum period
An accommodation order must not be longer than 3 years.
133ZD	Accommodation orders—2 or more orders
	(1)	This section applies if—
	(a)	a young offender is currently subject to an accommodation order (an existing order); and
	(b)	the court makes a further accommodation order (a new order).
	(2)	The court may direct how the new order and the existing order work together.
	(3)	However, the new order must not require the young offender to be accommodated as stated in the order for longer than 3 years.

Chapter 9	Miscellaneous
    
134	Operation of ancillary and restitution orders
	(1)	In this section:
finalised—proceedings in relation to an appeal are finalised if—
	(a)	the appeal is dismissed, withdrawn or struck out or ends without a retrial being ordered and the period for making any further appeal against that decision ends; or
	(b)	if a retrial is ordered—the proceedings on the retrial are finalised within the meaning of paragraph (a).
relevant order means—
	(a)	an ancillary order under—
	(i)	section 18 (Non-conviction orders—ancillary orders); or
	(ii)	section 58 (Ancillary orders relating to offences taken into account in sentencing); or
	(b)	a reparation order.
	(2)	A relevant order takes effect on the day after—
	(a)	the end of the period for appealing against the conviction or finding of guilt to which the relevant order relates; or
	(b)	if an appeal in relation to the conviction or finding of guilt is made within the period for making the appeal—the day proceedings in relation to the appeal are finalised.
	(3)	However, an appeal court may, on application or its own initiative, if satisfied it is in the interests of justice, order that a relevant order take effect on a stated day earlier than the day fixed under subsection (2).
	(4)	A court may, on application or its own initiative, by order, give such directions as it considers appropriate for—
	(a)	the custody of property to which a relevant order relates; or
	(b)	the giving of security, with or without sureties, for payment of an amount under a relevant order. 
	(5)	If a conviction or finding of guilt is set aside—
	(a)	any relevant order to which the conviction or finding of guilt relates is set aside; and
	(b)	an appeal court may make any order it considers appropriate in the interests of justice consequent on any order given under subsection (4).
	(6)	An application under this section may be made by the director of public prosecutions or a person whose interests are affected by a relevant order.
	(7)	This section is subject to section 61 (Reopening proceedings to correct penalty errors).
135	Reparation—other actions for recovery
	(1)	This Act does not abolish or otherwise affect any cause of action that anyone may have—
	(a)	to recover goods or property; or
	(b)	to recover damages for, or be indemnified against, any loss or expense.
	(2)	However, in a proceeding in relation to any loss or expense that resulted from the commission of an offence, a court must consider any amount paid under a reparation order in relation to the commission of the offence.
136	Information exchanges between criminal justice entities
	(1)	This section applies to any information in relation to an offence (including an alleged offence) in a record of a criminal justice entity, including information about—
	(a)	a person charged with the offence; and
	(b)	a victim of the offence; and
	(c)	a person convicted or found guilty of the offence.
	(2)	The criminal justice entity may give the information to another criminal justice entity for the purposes of the other entity.
	(3)	This section is additional to any other Act that provides for information to be given by, or to, a criminal justice entity.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(4)	In this section:
criminal justice entity means any of the following:
	(a)	the Supreme Court;
	(b)	the Magistrates Court;
	(c)	the director‑general responsible for this Act;
	(d)	the CYP director‑general;
	(e)	the sentence administration board;
	(f)	the director of public prosecutions;
	(g)	the chief police officer;
	(h)	the victims of crime commissioner under the Victims of Crime Act 1994;
	(i)	any other entity prescribed by regulation.
victim, of an offence—see section 47.
137	Reduction of sentence—appeal if assistance undertaking breached
	(1)	This section applies if a court imposed a lesser penalty (including a shorter nonparole period) on an offender under section 36 (Reduction of sentence—assistance to law enforcement authorities) having regard to assistance undertaken to be provided by the offender to law enforcement authorities.
	(2)	If, after the sentence is imposed, the offender does not assist law enforcement authorities in accordance with the undertaking, the director of public prosecutions may, at any time during the term of the sentence, appeal against the inadequacy of the sentence.
	(3)	The director of public prosecutions must not appeal unless the director is of the opinion that the appeal is in the interests of the administration of justice.
	(4)	If the court hearing the appeal is satisfied that the offender has completely failed to assist law enforcement authorities in accordance with the undertaking, the court must substitute for the reduced sentence the sentence that it would otherwise have imposed.
	(5)	If the court hearing the appeal is satisfied that the offender has partly failed to assist law enforcement authorities in accordance with the undertaking, the court may substitute for the reduced sentence the sentence it considers appropriate.
	(6)	The sentence that may be substituted under subsection (5) must not exceed the sentence that may be substituted under subsection (4) if the offender had completely failed to assist law enforcement authorities in accordance with the undertaking.
138	Effect of failure to comply with Act
A failure to comply with this Act may be considered by an appeal court in any appeal against sentence even if this Act declares that the failure to comply does not invalidate the sentence.
139	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Chapter 11	Transitional—Children and Young People Act 2008
200	Meaning of commencement day—ch 11
In this chapter:
commencement day means the day the Children and Young People Act 2008, schedule 1, part 1.5 commences.
201	Application of amendments
	(1)	The amendments of this Act made by the Children and Young People Act 2008, schedule 1, part 1.5 apply in relation to—
	(a)	the sentencing of a young offender after the commencement day; and
	(b)	any action taken, or to be taken, under this Act after the commencement day in relation to a sentence imposed on a young offender before the commencement day;
	(2)	Subsection (1) applies whether the offence for which the sentence is or was imposed was committed before or after the commencement day.
	(3)	If a difficulty arises in the application of subsection (1) to a particular proceeding that has commenced before the commencement day, the court may make any order it considers appropriate to resolve the difficulty.
203	Expiry—ch 11
	(1)	This chapter expires 5 years after the day it commences.
	(2)	This chapter, other than section 202, is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	administrative unit
·	adult
·	director‑general (see s 163)
·	director of public prosecutions
·	doctor
·	entity
·	law (of the Territory)
·	lawyer
·	may (see s 146)
·	must (see s 146)
·	oath
·	police officer
·	road transport authority
·	sentence administration board
·	statutory office-holder
·	territory authority
·	working day.
accommodation order—see section 133Y.
additional offence, for part 4.4 (Taking additional offences into account)—see section 55.
assessor, for part 4.2 (Pre-sentence reports)—see section 41 (8).
at, in relation to a correctional centre or detention place, includes in the correctional centre or detention place. 
bail condition—see the Bail Act 1992, dictionary.
because of, an offence, for part 4.3 (Victim impact statements)—see section 47.
combination sentence—see section 29 (1) (Combination sentences—offences punishable by imprisonment) and section 30 (1) (Combination sentences—offences punishable by fine).
community service condition, of a good behaviour order for an offender—see section 85.
community service work—see the Crimes (Sentence Administration) Act 2005, section 316.
controlled drug means a controlled drug under the Criminal Code, chapter 6 (Serious drug offences).
correctional centre means—
	(a)	a correctional centre under the Crimes (Sentence Administration) Act 2005; or
	(b)	a NSW correctional centre.
corrections officer—see the Corrections Management Act 2007, section 20.
court—if a court has sentenced an offender, made an order or given a direction, means the same court, however constituted.
CYP director‑general means the director‑general responsible for the Children and Young People Act 2008. 
deferred sentence obligations, for an offender, see section 120.
deferred sentence order—see section 27 (2).
detention place means a detention place under the Children and Young People Act 2008.
domestic violence offence—see the Domestic Violence and Protection Orders Act 2008, section 13 (2).
driver licence disqualification order—see section 16 (2).
education and training condition—see section 133N.
existing sentence, for part 5.3 (Imprisonment—concurrent and consecutive sentences)—see section 70 (1).
fine, for part 5.3 (Imprisonment—concurrent and consecutive sentences)—see section 69.
fine order—see section 14 (2).
good behaviour order—see section 13 (2).
harm, for part 4.3 (Victim impact statements)—see section 47.
list of additional offences, for part 4.4 (Taking additional offences into account)—see section 55.
non-association order—see section 21.
non-conviction order—see section 17 (2).
nonparole period, for a sentence of imprisonment—
	(a)	see section 65 (2) (Nonparole periods—court to set); and
	(b)	if the nonparole period of the sentence is amended—means the nonparole period as amended.
offender—see section 8.
parole order—see the Crimes (Sentence Administration) Act 2005, section 117.
periodic detention, for an offender—see the Crimes (Sentence Administration) Act 2005, section 40.
periodic detention period—see section 11 (2), and includes the period as extended under the Crimes (Sentence Administration) Act 2005.
place restriction order—see section 21.
pre-sentence report means a report—
	(a)	for use in a criminal proceeding; and
	(b)	prepared by the director-general.
pre-sentence report matter—
	(a)	for part 4.2 (Pre-sentence reports)—see section 40A; and
	(b)	for a young offender—see section 133E.
primary sentence, for part 5.3 (Imprisonment—concurrent and consecutive sentences)—see section 70 (1).
primary victim, for part 4.3 (Victim impact statements)—see section 47, definition of victim, paragraph (a).
principal offence, for part 4.4 (Taking additional offences into account)—see section 55.
probation condition, of a good behaviour order for an offender, means a condition included in the order that, during the period of the order, or for a part of that period stated in the order, the offender is— 
	(a)	to be on probation subject to the supervision of a person appointed under the order; and
	(b)	to obey all reasonable directions of the appointed person.
Example of directions for par (b)
that the offender comply with a condition mentioned in section 13 (3) (g), examples, even if the condition is not a condition of the order
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
rehabilitation program, for a good behaviour order—see section 93.
rehabilitation program condition, of a good behaviour order for an offender—see section 93.
reparation order means an order under—
	(a)	section 19 (3) (Reparation orders—losses and expenses generally); or
	(b)	section 20 (3) or (4) (Reparation orders—stolen property).
sentence means—
	(a)	when used as a noun—the penalty imposed for an offence; or
	(b)	when used as a verb—to impose a penalty for an offence.
sentence of imprisonment includes—
	(a)	a sentence of imprisonment that has been imposed but is yet to start; and
	(b)	a combination sentence that imposes a penalty of imprisonment together with another penalty.
sentence-related order, for part 4.4 (Taking additional offences into account)—see section 55.
sentencing court, for part 8.2 (Deferred sentence orders—supervision) and part 8.3 (Deferred sentence orders—amendment or cancellation)—see section 123.
supervision condition—see section 133U.
surety, for a good behaviour order for an offender, means a person other than the offender who gives security for complying with the order.
suspended sentence order—see section 12 (2).
term—if the term of a sentence is amended under the Crimes (Sentence Administration) Act 2005, the term of the sentence as amended.
victim, of an offence, for part 4.3 (Victim impact statements)—see section 47.
victim impact statement, for an offence, for part 4.3 (Victim impact statements)—see section 47.
young offender—see section 133B.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Crimes (Sentencing) Act 2005 A2005-58
notified LR 2 December 2005
s 1, s 2 commenced 2 December 2005 (LA s 75 (1))
remainder commenced 2 June 2006 (s 2 and LA s 79)
as amended by
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.11
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.11 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
as modified by
Crimes (Sentencing) Regulation 2006 SL2006-22 sch 1 (as am by SL2006‑25 s 8)
taken to have been notified LR 18 May 2006 (A2006‑23, s 4 (3) (a))
s 1 taken to have commenced 18 May 2006 (LA s 75 (1))
sch 1 commenced 2 June 2006 (A2006‑23 s 4 (3) (b) and see Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Crimes (Sentencing) Amendment Regulation 2006 (No 1) SL2006-25 s 8
notified LR 1 June 2006
s 1, s 2 commenced 1 June 2006 (LA s 75 (1))
s 8 commenced 2 June 2006 (s 2 and see Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Note	This regulation only amends the Crimes (Sentencing) Regulation 2006 SL2006-22.
as amended by
Corrections Management Act 2007 A2007-15 sch 1 pt 1.2
notified LR 18 June 2007
s 1, s 2 commenced 18 June 2007 (LA s 75 (1))
s 230 commenced 1 August 2007 (LA s 75AA)
sch 1 pt 1.2 commenced 1 August 2007 (s 2 and CN2007-6)
Victims of Crime Amendment Act 2007 A2007-44 sch 1 pt 1.1
notified LR 13 December 2007
s 1, s 2 commenced 13 December 2007 (LA s 75 (1))
sch 1 pt 1.1 commenced 20 December 2007 (s 2)
Children and Young People Act 2008 A2008-19 sch 1 pt 1.5
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
sch 1 pt 1.5 commenced 27 February 2009 (s 2 and CN2008-17 (and see CN2008-13))
Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 1 pt 1.4, sch 3 pt 3.10, sch 4 pt 4.12
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 1 pt 1.4, sch 4 pt 4.12 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008‑13)
sch 3 pt 3.10 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))
Justice and Community Safety Legislation Amendment Act 2008 (No 2) A2008-22 sch 1 pt 1.4
notified LR 8 July 2008
s 1, s 2 commenced 8 July 2008 (LA s 75 (1))
sch 1 pt 1.4 commenced 29 July 2008 (s 2)
Crimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.5
notified LR 9 September 2008
s 1, s 2 commenced 9 September 2008 (LA s 75 (1))
sch 1 pt 1.5 commenced 30 May 2009 (s 2 and CN2009-4)
Domestic Violence and Protection Orders Act 2008 A2008-46 sch 3 pt 3.6
notified LR 10 September 2008
s 1, s 2 commenced 10 September 2008 (LA s 75 (1))
sch 3 pt 3.6 commenced 30 March 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2009 A2009-7 sch 1 pt 1.4
notified LR 5 March 2009
s 1, s 2 commenced 5 March 2009 (LA s 75 (1))
sch 1 pt 1.4 commenced 6 March 2009 (s 2 (3))
Crimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.5
notified LR 3 September 2009
s 1, s 2 commenced 3 September 2009 (LA s 75 (1))
sch 1 pt 1.5 commenced 4 September 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2009 (No 3) A2009-44 sch 1 pt 1.6
notified LR 24 November 2009
s 1, s 2 commenced 24 November 2009 (LA s 75 (1))
sch 1 pt 1.6 commenced 25 November 2009 (s 2 (1))
Health Legislation Amendment Act 2010 A2010-2 sch 1 pt 1.3
notified LR 16 February 2010
s 1, s 2 commenced 16 February 2010 (LA s 75 (1))
sch 1 pt 1.3 commenced 16 August 2010 (s 2 and LA s 79)
Crimes (Sentence Administration) Amendment Act 2010 A2010-21 sch 1 pt 1.4
notified LR 30 June 2010
s 1, s 2 commenced 30 June 2010 (LA s 75 (1))
sch 1 pt 1.4 commenced 1 July 2010 (s 2)
Victims of Crime Amendment Act 2010 A2010-29 sch 1 pt 1.1
notified LR 31 August 2010
s 1, s 2 commenced 31 August 2010 (LA s 75 (1))
sch 1 pt 1.1 commenced 28 February 2011 (s 2 and LA s 79)
Crimes Legislation Amendment Act 2011 A2011-7 pt 3
notified LR 16 March 2011
s 1, s 2 commenced 16 March 2011 (LA s 75 (1))
pt 3 commenced 17 March 2011 (s 2)
Courts Legislation Amendment Act 2011 A2011-13 sch 1 pt 1.3
notified LR 11 May 2011
s 1, s 2 commenced 11 May 2011 (LA s 75 (1))
sch 1 pt 1.3 commenced 25 July 2011 (s 2 and CN2011-8)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.46
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.46 commenced 1 July 2011 (s 2 (1))
Corrections and Sentencing Legislation Amendment Act 2011 A2011‑57 pt 4
notified LR 14 December 2011
s 1, s 2 commenced 14 December 2011 (LA s 75 (1))
pt 4 commenced 15 December 2011 (s 2)
Courts Legislation Amendment Act 2012 A2012-29 sch 1 pt 1.1
notified LR 13 June 2012
s 1, s 2 commenced 13 June 2012 (LA s 75 (1))
amdt 1.3 awaiting commencement (s 2)
sch 1 pt 1.1 remainder commenced 13 August 2012 (s 2 and CN2012‑14)
Note	default commencement under s 2 (2):  13 June 2013 (LA s 79 does not apply to this Act)

4	Amendment history
Commencement
s 2	om LA s 89 (4)
Dictionary
s 3	am A2008‑46 amdt 3.15
Purposes of sentencing
s 7	am A2008‑19 amdt 1.36
Meaning of offender
s 8	am A2008‑19 amdt 1.37
Imposition of penalties
s 9	am A2006‑23 amdt 1.136; A2008‑19 amdt 1.38, amdt 1.39
Imprisonment
s 10	am A2006‑23 amdt 1.136; A2008‑19 amdt 1.40, amdt 1.41
Periodic detention
s 11	am A2006‑23 amdt 1.104
Suspended sentences
s 12	am A2008‑19 amdt 1.42
Good behaviour orders
s 13	am A2006‑23 amdt 1.105; A2008‑19 amdt 1.43, amdt 1.44; A2009‑7 amdt 1.9; A2010‑2 amdt 1.4
Fines—orders to pay
s 14	am A2007‑44 amdt 1.1; A2008‑19 amdt 1.45; A2010‑21 amdt 1.5; ss renum R14 LA
Fines—security for payment
s 15A	ins A2010‑21 amdt 1.6
Driver licence disqualification orders—motor vehicle theft
s 16	am A2008‑19 amdt 1.46
Non-conviction orders—general
s 17	am A2008‑19 amdt 1.47
Non-conviction orders—ancillary orders
s 18	am A2006‑23 amdt 1.106
Non-association and place restriction orders—when may be made
s 23	am A2008‑19 amdt 1.48
Non-association and place restriction orders—explanation and official notice
s 25	am A2008‑19 amdt 1.49
Combination sentences—offences punishable by imprisonment
s 29	am A2006‑23 amdt 1.136; A2008‑19 amdt 1.50, amdt 1.51; A2010‑2 amdt 1.5
Combination sentences—start and end
s 31	am A2006‑23 amdt 1.136; A2008‑19 amdt 1.52
Sentencing—relevant considerations
s 33	am A2008‑19 amdt 1.53
Reduction of sentence—guilty plea
s 35	am A2012‑29 amdt 1.1
Sentences of imprisonment and uncompleted young offender orders
s 38	sub A2008‑20 amdt 4.34
Pre-sentence report matters
s 40A	ins A2007‑15 amdt 1.2
	am A2008‑19 amdt 1.54
Pre-sentence reports—order
s 41	sub A2007‑15 amdt 1.2
	am A2008‑19 amdt 1.55; A2011‑22 amdt 1.145, amdt 1.149; A2011‑57 s 14; A2012‑29 amdt 1.2; ss renum R22 LA
Pre-sentence reports by assessors
s 42	am A2006‑23 amdt 1.107; pars renum A2006‑23 amdt 1.108
	sub A2007‑15 amdt 1.2
Pre-sentence reports—powers of assessors
s 43	am A2007‑15 amdt 1.3; A2008‑19 amdt 1.56, amdt 1.57; pars and ss renum R8 LA; A2011‑13 amdt 1.3, amdt 1.4; pars renum R20 LA
Pre-sentence reports—availability of written reports
s 45	am A2011‑57 s 15
Application—pt 4.3
s 48	am A2008‑44 amdt 1.45, amdt 1.46
	sub A2009‑44 amdt 1.20
Victim impact statements—who may make
s 49	am A2008‑20 amdt 3.22
Victim impact statements—use in court
s 52	am A2011‑7 s 9
Application—pt 5.2
s 64	am A2008‑19 amdt 1.58
Nonparole periods—court to set
s 65	am A2006‑23 amdt 1.109
Nonparole periods—recommended conditions
s 67	am A2006‑23 amdt 1.110
Nonparole periods—review of decision on nonparole period
s 68	am A2006‑23 amdt 1.111
Definitions—pt 5.3
s 69	def fine sub A2010‑21 amdt 1.7
Application—pt 5.3
s 70	am A2008‑20 amdt 4.35
Concurrent and consecutive sentences—general rule
s 71	am A2006‑23 amdt 1.112
Concurrent and consecutive sentences—offences while in custody or unlawfully absent
s 72 hdg	sub A2006‑23 amdt 1.113
s 72	am A2006‑23 amdt 1.114
Periodic detention—eligibility
s 77	am A2008‑19 amdt 1.59; ss renum R8 LA
Periodic detention—suitability
s 78	am A2006‑23 amdt 1.115
Periodic detention—pre-sentence report matters
s 79	am A2007‑15 amdt 1.4
Imprisonment—explanation to offender
s 82	am A2006‑23 amdt 1.136; A2008‑19 amdt 1.60
Imprisonment—official notice of sentence
s 84	am A2008‑19 amdt 1.61, amdt 1.62; A2011‑22 amdt 1.145, amdt 1.149
Meaning of community service condition—pt 6.1
s 85	am A2006‑23 amdt 1.116; A2008‑19 amdt 1.63
Community service—pre-sentence report matters
s 90	am A2007‑15 amdt 1.5
Community service—hours to be performed
s 91	am A2008‑19 amdt 1.64
Community service—concurrent and consecutive orders
s 92	am A2008‑19 amdt 1.65
Rehabilitation programs—probation condition required
s 95	am A2009‑7 amdt 1.10
Rehabilitation programs—pre-sentence report matters
s 98	am A2007‑15 amdt 1.6
Good behaviour orders—official notice of order
s 103	am A2008‑19 amdt 1.66, amdt 1.67; A2011‑22 amdt 1.145, amdt 1.149
Reparation orders—enforcing non-money order
s 110A	ins A2006‑23 amdt 1.117
Reparation orders—Confiscation of Criminal Assets Act
s 112	am A2006‑23 amdt 1.118
Reparation orders—official notice of order
s 113	am A2008‑19 amdt 1.68, amdt 1.69
Deferred sentence orders—explanation and official notice
s 121	am A2008‑19 amdt 1.70
Deferred sentence orders—review
s 126	am A2008‑19 amdt 1.71; A2011‑22 amdt 1.145, amdt 1.149
Deferred sentence orders—notice of review
s 127	am A2008‑19 amdt 1.72; A2011‑22 amdt 1.145, amdt 1.149
Deferred sentence orders—when amendments take effect
s 129	am A2008‑19 amdt 1.73, amdt 1.74; A2011‑22 amdt 1.145, amdt 1.149
Deferred sentence orders—when cancellation takes effect
s 130	am A2008‑19 amdt 1.75, amdt 1.76; A2011‑22 amdt 1.145, amdt 1.149
Sentencing young offenders
ch 8A hdg	ins A2008‑19 amdt 1.77
General
pt 8A.1 hdg	ins A2008‑19 amdt 1.77
Purpose—ch 8A
s 133A	ins A2008‑19 amdt 1.77
Meaning of young offender—Act
s 133B	ins A2008‑19 amdt 1.77
Young offenders—purposes of sentencing
s 133C	ins A2008‑19 amdt 1.77
Young offenders—sentencing—additional relevant considerations
s 133D	ins A2008‑19 amdt 1.77
Young offenders—pre-sentence report matters
s 133E	ins A2008‑19 amdt 1.77
Young offenders—director‑general may give court information about availability of resources
s 133F hdg	am A2011‑22 amdt 1.145
s 133F	ins A2008‑19 amdt 1.77
	am A2011‑22 amdt 1.149
Young offenders—sentences of imprisonment
s 133G	ins A2008‑19 amdt 1.77
Young offenders—imprisonment to be at detention place
s 133H	ins A2008‑19 amdt 1.77
Young offenders—non-association and place restriction orders
s 133I	ins A2008‑19 amdt 1.77
Young offenders—notice of orders to parent etc
s 133J	ins A2008‑19 amdt 1.77
Young offenders—references to corrections officer
s 133K	ins A2008‑19 amdt 1.77
Young offenders—good behaviour orders
pt 8A.2 hdg	ins A2008‑19 amdt 1.77
Young offenders—good behaviour orders generally
div 8A.2.1 hdg	ins A2008‑19 amdt 1.77
Young offenders—community service—hours to be performed
s 133L	ins A2008‑19 amdt 1.77
Young offenders—good behaviour orders—conditions
s 133M	ins A2008‑19 amdt 1.77
	am A2009‑7 amdt 1.11; A2009‑24 amdt 1.15
Good behaviour orders—education and training conditions
div 8A.2.2 hdg	ins A2008‑19 amdt 1.77
Meaning of education and training condition—Act
s 133N	ins A2008‑19 amdt 1.77
Application—div 8A.2.2
s 133O	ins A2008‑19 amdt 1.77
Education and training conditions—for young offenders convicted or found guilty
s 133P hdg	sub A2009‑24 amdt 1.16
s 133P	ins A2008‑19 amdt 1.77
Education and training conditions—eligibility
s 133Q	ins A2008‑19 amdt 1.77
Education and training conditions—suitability
s 133R	ins A2008‑19 amdt 1.77
	am A2011‑22 amdt 1.149
Education and training conditions—maximum period
s 133S	ins A2008‑19 amdt 1.77
Education and training conditions—2 or more good behaviour orders
s 133T	ins A2008‑19 amdt 1.77
Good behaviour orders—supervision conditions
div 8A.2.3 hdg	ins A2008‑19 amdt 1.77
Meaning of supervision condition—Act
s 133U	ins A2008‑19 amdt 1.77
	am A2011‑22 amdt 1.145, amdt 1.149
Supervision conditions—when required
s 133V	ins A2008‑19 amdt 1.77
	am A2009‑7 amdt 1.12
Supervision conditions—maximum period
s 133W	ins A2008‑19 amdt 1.77
	am A2011‑22 amdt 1.145
Supervision conditions—2 or more good behaviour orders
s 133X	ins A2008‑19 amdt 1.77
Young offenders—accommodation orders
pt 8A.3 hdg	ins A2008‑19 amdt 1.77
Meaning of accommodation order—Act
s 133Y	ins A2008‑19 amdt 1.77
	am A2011‑22 amdt 1.145, amdt 1.149
Accommodation orders—for young offenders convicted or found guilty
s 133Z hdg	sub A2009‑24 amdt 1.17
s 133Z	ins A2008‑19 amdt 1.77
Accommodation orders—eligibility
s 133ZA	ins A2008‑19 amdt 1.77
Accommodation orders—suitability
s 133ZB	ins A2008‑19 amdt 1.77
	am A2011‑22 amdt 1.149
Accommodation orders—maximum period
s 133ZC	ins A2008‑19 amdt 1.77
Accommodation orders—2 or more orders
s 133ZD	ins A2008‑19 amdt 1.77
Operation of ancillary and restitution orders
s 134	am A2006‑23 amdt 1.119; A2007‑15 amdt 1.7
Information exchanges between criminal justice entities
s 136	am A2006‑23 amdt 1.120, amdt 1.121; A2008‑19 amdt 1.78; pars renum R8 LA; A2010‑29 amdt 1.1; A2011‑22 amdt 1.145, amdt 1.149
Transitional
ch 10 hdg	exp 2 June 2011 (s 147 (1))
Application of Act to offenders charged before and after commencement
s 140 hdg	sub A2006‑23 amdt 1.122
s 140	am A2006‑23 amdt 1.123, amdt 1.124
	exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
References to charge—s 140
s 140A	ins as mod SL2006‑25 mod 1.1
	exp 18 December 2007 (see SL2006‑22 s 3 (2))
	ins A2008‑22 amdt 1.22
	exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
Nonparole periods—Rehabilitation of Offenders (Interim) Act, s 31
s 141	am A2006‑23 amdts 1.125-1.127
	exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
Reparation orders—Crimes Act, s 350
s 142	am A2006‑23 amdt 1.127
	exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
Transitional regulations
s 143	am A2006‑23 amdt 1.128
	exp 2 June 2008 (s 143 (4))
Common law disabilities of convictions abolished
s 144	ins A2006‑23 amdt 1.129
	exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
Construction of outdated references
s 145	ins A2006‑23 amdt 1.129
	exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
Application of Legislation Act, s 88
s 146	ins A2006‑23 amdt 1.129
	exp 2 June 2011 (s 147 (1) (LA s 88 declaration applies))
Expiry of ch 10
s 147	ins A2006‑23 amdt 1.129
	exp 2 June 2011 (s 147 (1))
Transitional—Children and Young People Act 2008
ch 11 hdg	ins A2008‑20 amdt 1.4
	exp 27 February 2014 (s 203 (1) (LA s 88 declaration applies))
Meaning of commencement day—ch 11
s 200	ins A2008‑20 amdt 1.4
	exp 27 February 2014 (s 203 (1) (LA s 88 declaration applies))
Application of amendments
s 201	ins A2008‑20 amdt 1.4
	exp 27 February 2014 (s 203 (1) (LA s 88 declaration applies))
Transitional regulations
s 202	ins A2008‑20 amdt 1.4
	exp 27 February 2011 (s 202 (4))
Expiry—ch 11
s 203	ins A2008‑20 amdt 1.4
	exp 27 February 2014 (s 203 (1) (LA s 88 declaration applies))
Dictionary
dict	am A2011‑22 amdt 1.146
	def accommodation order ins A2008‑19 amdt 1.79
	def assessor am A2007‑15 amdt 1.8
	def at ins A2006‑23 amdt 1.130
	sub A2008‑19 amdt 1.80
	def chief executive (CYP) ins A2008‑19 amdt 1.81
	om A2011‑22 amdt 1.147
	def community service work sub A2006‑23 amdt 1.131
	def corrections officer sub A2006‑23 amdt 1.132
	def CYP director‑general ins A2011‑22 amdt 1.148
	def detention place ins A2008‑19 amdt 1.81
	def domestic violence offence am A2008‑46 amdt 3.16
	def education and training condition ins A2008‑19 amdt 1.81
	def parole order sub A2006‑23 amdt 1.133
	def periodic detention sub A2006‑23 amdt 1.134
	def periodic detention period am A2006‑23 amdt 1.135
	def pre-sentence report matter ins A2007‑15 amdt 1.9
	sub A2008‑19 amdt 1.82; A2012‑29 amdt 1.4
	def pre-sentence report order om A2007‑15 amdt 1.10
	def supervision condition ins A2008‑19 amdt 1.83
	def young offender ins A2008‑19 amdt 1.83

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
2 June 2006	2 June 2006–
31 July 2007	SL2006‑25	new Act, amendments by A2006‑23 and modifications by SL2006‑22 as amended by SL2006‑25	
R2
1 Aug 2007	1 Aug 2007–
18 Dec 2007	A2007‑15	amendments by A2007‑15	
R3
19 Dec 2007	19 Dec 2007–
19 Dec 2007	A2007‑44	commenced expiry	
R4
20 Dec 2007	20 Dec 2007–
2 June 2008	A2007‑44	amendments by A2007‑44	
R5
3 June 2008	3 June 2008–
28 July 2008	A2007‑44	commenced expiry	
R6
29 July 2008	29 July 2008–
26 Oct 2008	A2008‑22	amendments by A2008‑22	
R7
27 Oct 2008	27 Oct 2008–
26 Feb 2009	A2008‑46	amendments by A2008‑20	
R8
27 Feb 2009	27 Feb 2009–
5 Mar 2009	A2008‑46	amendments by A2008‑19 and A2008‑20	
R9
6 Mar 2009	6 Mar 2009–
29 Mar 2009	A2009‑7	amendments by A2009‑7	
R10
30 Mar 2009	30 Mar 2009–
29 May 2009	A2009‑7	amendments by A2008‑46	
R11*
30 May 2009	30 May 2009–
3 Sept 2009	A2009‑7	amendments by A2008‑44	
R12
4 Sept 2009	4 Sept 2009–
24 Nov 2009	A2009‑24	amendments by A2009‑24	
R13
25 Nov 2009	25 Nov 2009–
30 June 2010	A2009‑44	amendments by A2009‑44	
R14
1 July 2010	1 July 2010–
15 Aug 2010	A2010‑21	amendments by A2010‑21	
R15
16 Aug 2010	16 Aug 2010–
27 Feb 2011	A2010‑21	amendments by A2010‑2	
R16
28 Feb 2011	28 Feb 2011–
16 Mar 2011	A2010‑29	amendments by A2010‑29 and expiry of provision (s 202)	
R17
17 Mar 2011	17 Mar 2011–
2 June 2011	A2011‑7	amendments by A2011‑7	
R18
3 June 2011	3 June 2011–
30 June 2011	A2011‑13	expiry of transitional provisions (ch 10)	
R19
1 July 2011	1 July 2011–
24 July 2011	A2011‑22	amendments by A2011‑22	
R20*
25 July 2011	25 July 2011–
14 Dec 2011	A2011‑22	amendments by A2011‑13	
R21
15 Dec 2011	15 Dec 2011–
12 Aug 2012	A2011‑57	amendments by A2011‑57	

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