CRIMES (SENTENCING) ACT 2005 - SECT 10 Imprisonment

CRIMES (SENTENCING) ACT 2005 - SECT 10

    (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.

Examples—par (a)

1     the court makes an intensive correction order

2     the court makes a suspended sentence order

Example—par (b)

release on parole under the Crimes (Sentence Administration) Act 2005

Note     For a young offender who is under 21 years old when the sentence is imposed, see s 133H.

    (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).