CRIMES (SENTENCING) ACT 2005 - NOTES

CRIMES (SENTENCING) ACT 2005 - NOTES

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

              •     found guilty

              •     head of service

              •     law (of the Territory)

              •     lawyer

              •     Magistrates Court

              •     may (see s 146)

              •     must (see s 146)

              •     oath

              •     police officer

              •     road transport authority

              •     sentence administration board

              •     statutory office-holder

              •     Supreme Court

              •     territory authority

              •     victims of crime commissioner

              •     working day.

"accommodation order"—see section 133Y.

"additional offence", for part 4.4 (Taking additional offences into account)—see section 55.

"assessor"—

        (a)     for part 4.2 (Pre-sentence reports)—see section 39A; and

        (b)     for part 4.2A (Intensive correction assessments)—see section 46A; and

        (c)     for part 4.2B (Drug and alcohol treatment assessments)—see section 46H; and

        (d)     for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XG (3).

"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"—

        (a)     of a good behaviour order for an offender, for this Act generally—see section 85; and

        (b)     of an intensive correction order for an offender, for division 5.4.2 (Intensive correction orders—community service conditions)—see section 80A.

"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).

"core conditions"—

        (a)     of a treatment order, for part 5.4A (Drug and alcohol treatment orders)—see section 80Y; and

        (b)     of a therapeutic correction order, for part 8A.2A

(Young offenders—therapeutic correction orders)—see section 133XN (1).

"correctional centre" means—

        (a)     a correctional centre under the Corrections Management Act 2007

; or

        (b)     a NSW correctional centre.

"corrections officer"—see the Corrections Management Act 2007

, section 20.

"court"—

        (a)     for this Act generally, if a "court" has sentenced an offender, made an order or given a direction—means the same court, however constituted; and

        (b)     for part 4.2B (Drug and alcohol treatment assessments) and part 5.4A (Drug and alcohol treatment orders)—means the Supreme Court; and

        (c)     for part 4.6 (Sentencing—schedule offence with criminal group)—see section 61B.

"criminal group", for part 4.6 (Sentencing—schedule offence with criminal group)—see section 61C.

"criminal intelligence", for part 4.6 (Sentencing—schedule offence with criminal group)—see section 61B.

"custodial part", of a treatment order—see section 80W.

"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

.

"driver licence disqualification order"—see section 16 (2).

"drug and alcohol treatment assessment"—see section 46J.

"drug and alcohol treatment order"—see section 12A.

"education and training condition"—see section 133N.

"existing sentence", for part 5.3 (Imprisonment—concurrent and consecutive sentences)—see section 70 (1).

"family violence offence"—see the Family Violence Act 2016

, dictionary.

"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.

"health director-general" means the director-general responsible for the Health Records (Privacy and Access) Act 1997

.

intensive correction means intensive correction in the community under an intensive correction order.

"intensive correction assessment" means an assessment prepared under part 4.2A by the director-general about whether an intensive correction order is suitable for an offender.

"intensive correction order"—see section 11.

"list of additional offences", for part 4.4 (Taking additional offences into account)—see section 55.

"member"—

        (a)     in relation to the treatment and supervision team, for part 5.4A (Drug and alcohol treatment orders)—see section 80M; and

        (b)     in relation to the treatment order team, for part 5.4A (Drug and alcohol treatment orders)—see section 80M.

"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.

"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 (4) (g), examples, even if the condition is not a condition of the order

"rehabilitation program"—

        (a)     for a good behaviour order, for this Act generally—see section 93; and

        (b)     for an intensive correction order, for division 5.4.3 (Intensive correction orders—rehabilitation program conditions)—see section 80G.

"rehabilitation program condition"—

        (a)     of a good behaviour order for an offender, for this Act generally—see section 93; and

        (b)     of an intensive correction order for an offender, for division 5.4.3 (Intensive correction orders—rehabilitation program conditions)—see section 80G.

"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).

"schedule offence", for part 4.6 (Sentencing—schedule offence with criminal group)—see section 61B.

"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—"

        (a)     for part 8.2 (Deferred sentence orders—supervision) and part 8.3 (Deferred sentence orders—amendment or cancellation)—see section 123; and

        (b)     for a young offender subject to a therapeutic correction order, for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XA.

"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.

"therapeutic correction assessment", for part 8A.2A

(Young offenders—therapeutic correction orders)—see section 133XG (2) (a) (i).

"therapeutic correction conditions", for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XO (1).

"therapeutic correction obligations", for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XD.

"therapeutic correction order", for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XB (2).

"therapeutic correction plan", for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XJ (1).

"therapeutic correction team", for part 8A.2A (Young offenders—therapeutic correction orders)—see section 133XA.

"treatment and supervision part", of a treatment order—see section 80X.

"treatment and supervision team", for part 5.4A (Drug and alcohol treatment orders)—see section 80M.

"treatment order", means a drug and alcohol treatment order.

"treatment order obligations", of an offender subject to a treatment order, for part 5.4A (Drug and alcohol treatment orders)—see section 80P.

"treatment order team", for part 5.4A (Drug and alcohol treatment orders)—see section 80M.

"treatment program", for part 5.4A (Drug and alcohol treatment orders)—see section 80Z.

"treatment program conditions", of a treatment order, for part 5.4A (Drug and alcohol treatment orders)—see section 80Z.

"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