Australian Capital Territory Consolidated Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 75

    (1)     After conducting an inquiry under section 73 (Board inquiry—management of periodic detention) in relation to an offender, the board may do 1 or more of the following:

        (a)     take no further action;

        (b)     give the chief executive directions about the offender's supervision;

        (c)     change the offender's periodic detention obligations by imposing an additional condition on, or amending a condition of, the offender's periodic detention;

        (d)     give the offender approval not to perform periodic detention for up to 8 detention periods if satisfied that is appropriate having regard to the offender's health or any exceptional circumstances;

        (e)     if subsection (4) applies—cancel the offender's periodic detention;

        (f)     if subsection (5) applies—refer the offender to the offender's sentencing court to be dealt with under section 82A (Re-sentencing offender etc—referral to court).

Example of additional condition for par (c)

a condition prohibiting association with a particular person or being near a particular place

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)     An additional condition of a periodic detention must not be inconsistent with a core condition of the periodic detention.

    (3)     For each detention period for which an offender has the board's approval not to perform periodic detention, the periodic detention period of the offender's sentence of imprisonment, and the term of the sentence, are automatically extended by 1 week.

    (4)     This subsection applies if the board decides any of the following:

        (a)     that the periodic detention should be cancelled on the offender's application;

        (b)     that periodic detention is, or would be, no longer suitable for the offender.

Examples of unsuitability—par (b)

the indicators set out in the Crimes (Sentencing) Act 2005 , table 79, the offender's health or exceptional circumstances

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).

    (5)     This subsection applies if the board decides that the offender is, for any reason, unlikely to be able to serve the remainder of the offender's periodic detention period by periodic detention, having regard particularly to—

        (a)     the offender's health; and

        (b)     any exceptional circumstances affecting the offender.

    (6)     To remove any doubt, if an inquiry under section 73 in relation to an offender is conducted in conjunction with another inquiry under this Act in relation to the offender, the board may exercise its powers under this division with any other powers of the board in relation to the other inquiry.