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CRIMES ACT 1914 - SECT 16AC Reduction for cooperation with law enforcement agencies

CRIMES ACT 1914 - SECT 16AC

Reduction for cooperation with law enforcement agencies

  (1)   This section applies if a court imposing a sentence, or making an order, for a federal offence:

  (a)   reduces the severity of the sentence or order; or

  (b)   reduces the non - parole period in relation to the sentence (if applicable);

because the offender has undertaken to cooperate with law enforcement agencies in proceedings (including confiscation proceedings) relating to any offence.

  (2)   The court must:

  (a)   state that the sentence, order or non - parole period is being reduced for that reason; and

  (b)   specify the sentence that would have been imposed, the order that would have been made or the non - parole period that would have been fixed but for that reduction.

Example:   The court imposes a fine of $1,000 and specifies that, but for the offender undertaking to cooperate with law enforcement agencies, the court would have imposed a fine of $10,000.

Promised cooperation refused

  (3)   The Director of Public Prosecutions may appeal against the inadequacy of the reduced sentence, reduced order or reduced non - parole period if:

  (a)   after the imposing of the sentence or the making of the order, the offender, without reasonable excuse, does not cooperate in accordance with the undertaking; and

  (b)   the Director of Public Prosecutions is of the opinion that appealing is in the interests of the administration of justice.

  (4)   The court hearing the appeal:

  (a)   if it is satisfied that the person has failed entirely to cooperate in accordance with the undertaking--must substitute for the reduced sentence, reduced order or reduced non - parole period the sentence, order or non - parole period that would have been imposed, made or fixed but for that reduction; and

  (b)   if it is satisfied that the person has failed in part to cooperate in accordance with the undertaking--may substitute:

  (i)   for the reduced sentence or reduced order such a sentence or order, not exceeding in severity the sentence or order that could be imposed or made under paragraph   (a), as the court thinks appropriate; or

  (ii)   for the reduced non - parole period such a non - parole period, not exceeding the parole period that could be fixed under paragraph   (a), as the court thinks appropriate.

Meaning of confiscation proceedings

  (5)   In this Act:

"confiscation proceedings" includes:

  (a)   proceedings for freezing orders, forfeiture orders, pecuniary penalty orders, literary proceeds orders and restraining orders under the Proceeds of Crime Act 2002 ; and

  (b)   proceedings for forfeiture orders, pecuniary penalty orders and restraining orders under the Proceeds of Crime Act 1987 ; and

  (c)   proceedings for restraining orders and pecuniary penalty orders under Part   XIII of the Customs Act 1901 .

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