New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 56

56 Penalties Visiting Magistrate may impose

(1) If, after hearing the charge, the Visiting Magistrate is satisfied beyond reasonable doubt that the inmate is guilty of the correctional centre offence, the Visiting Magistrate may make an order imposing one (but not more than one) of the following penalties:

(a) reprimand and caution,

(b) deprivation, for up to 90 days, of such withdrawable privileges as the Visiting Magistrate may determine,

(c) confinement to a cell for up to 28 days, with or without deprivation of withdrawable privileges,

(d) cancellation of any right to receive payments under section 7 for up to 14 days, but to the extent only to which those payments are additional to the payments made at the base rate to inmates generally or to inmates of a class to which the inmate belongs,

(e) extension, by up to 6 months at a time, of:

(i) the term of the inmate’s sentence, and

(ii) in the case of an offence occurring during a non-parole period of the inmate’s sentence, the non-parole period of the sentence,

(f) imposition of a sentence of imprisonment for a period not exceeding 6 months.

(2) If, after hearing the charge, the Visiting Magistrate is satisfied beyond reasonable doubt that the inmate is guilty of the correctional centre offence, but is of the opinion that a penalty should not be imposed, the Visiting Magistrate may dismiss the charge.

(3) If, after hearing the charge, the Visiting Magistrate is not satisfied beyond reasonable doubt that the inmate is guilty of the correctional centre offence, the Visiting Magistrate must dismiss the charge.

(4) To avoid doubt, a Visiting Magistrate making an order referred to in subsection (1) (f) is a person exercising criminal jurisdiction for the purposes of the definition of "court" in section 3 (1) of the Crimes (Sentencing Procedure) Act 1999 .