New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999

- As at 24 September 2008
- Act 92 of 1999

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Interpretation
   3A.     Purposes of sentencing

   PART 2 - PENALTIES THAT MAY BE IMPOSED

           Division 1 - General

   4.      Penalties generally

           Division 2 - Custodial sentences

   5.      Penalties of imprisonment
   5A.     Compulsory drug treatment detention
   6.      Periodic detention
   7.      Home detention

           Division 3 - Non-custodial alternatives

   8.      Community service orders
   9.      Good behaviour bonds
   10.     Dismissal of charges and conditional discharge of offender
   10A.    Conviction with no other penalty
   11.     Deferral of sentencing for rehabilitation, participation in an intervention program or other purposes
   12.     Suspended sentences
   13.     Community service orders and good behaviour bonds to be alternative penalties only

           Division 4 - Fines

   14.     Fines as an additional penalty to good behaviour bond
   15.     Fines as an additional or alternative penalty to imprisonment for offences dealt with on indictment
   16.     Fines for bodies corporate for offences punishable by imprisonment only
   17.     Penalty units

           Division 4A - Non-association and place restriction orders

   17A.    Non-association and place restriction orders

           Division 5 - Miscellaneous

   18.     Interpretation of provisions imposing penalties
   19.     Effect of alterations in penalties
   20.     No double jeopardy

   PART 3 - SENTENCING PROCEDURES GENERALLY

           Division 1 - General

   21.     General power to reduce penalties
   21A.    Aggravating, mitigating and other factors in sentencing
   22.     Guilty plea to be taken into account
   22A.    Power to reduce penalties for pre-trial disclosure
   23.     Power to reduce penalties for assistance provided to law enforcement authorities
   24.     Court to take other matters into account
   25.     Local Court not to impose certain penalties if offender is absent

           Division 2 - Victim impact statements

   26.     Definitions
   27.     Application of Division
   28.     When victim impact statements may be received and considered
   29.     Victim impact statements discretionary
   30.     Formal requirements for victim impact statements
   30A.    Reading out victim impact statements in court

           Division 3 - Taking further offences into account

   31.     Definitions
   32.     Prosecutor may file list of additional charges
   33.     Outstanding charges may be taken into account
   34.     Ancillary orders relating to offences taken into account
   35.     Consequences of taking offences into account

           Division 4 - Sentencing guidelines

   36.     Definitions
   37.     Guideline judgments on application of Attorney General
   37A.    Guideline judgments on own motion
   37B.    Review, variation and revocation of guideline judgments
   38.     Senior Public Defender may intervene
   39.     Director of Public Prosecutions may intervene
   39A.    Attorney General may intervene
   40.     Discretion of Court preserved
   41.     Rules of court
   42.     Use of evidence in giving guideline judgments
   42A.    Relationship of guidelines and other sentencing matters

           Division 5 - Correction and adjustment of sentences

   43.     Court may reopen proceedings to correct sentencing errors

   PART 4 - SENTENCING PROCEDURES FOR IMPRISONMENT

           Division 1 - Setting terms of imprisonment

   44.     Court to set non-parole period
   45.     Court may decline to set non-parole period
   46.     Court not to set non-parole period for sentence of 6 months or less
   47.     Commencement of sentence
   48.     Information about release date
   49.     Restriction on term of sentence
   50.     Making of parole orders by court
   51.     Conditions on parole orders
   51A.    Conditions of parole as to non-association and place restriction
   51B.    Certain information not to be published or broadcast
   52.     Court’s powers on appeal
   53.     Multiple sentences of imprisonment
   54.     Exclusions from Division

           Division 1A - Standard non-parole periods

   54A.    What is the standard non-parole period?
   54B.    Sentencing procedure
   54C.    Court to give reasons if non-custodial sentence imposed
   54D.    Exclusions from Division
   Table.  Standard non-parole periods

           Division 2 - Concurrent and consecutive sentences

   55.     Sentences for offences generally
   56.     Sentences for offences involving assault by convicted inmate
   57.     Sentences for offences involving escape by inmates
   58.     Limitation on consecutive sentences imposed by Local Courts
   59.     Court may vary commencement of sentence on quashing or varying other sentence
   60.     Application of Division to interstate sentences of imprisonment

           Division 3 - Miscellaneous

   61.     Mandatory life sentences for certain offences
   62.     Warrant of commitment
   63.     Offenders to be photographed and fingerprinted

   PART 5 - SENTENCING PROCEDURES FOR PERIODIC DETENTION ORDERS

           Division 1 - Preliminary

   64.     Application
   65.     Definitions

           Division 2 - Restrictions on power to make periodic detention orders

   65A.    Periodic detention not available for certain offenders
   65B.    Periodic detention not available for certain sexual offences
   66.     Suitability of offender for periodic detention
   67.     Concurrent and consecutive sentences

           Division 3 - Assessment reports

   68.     Referral of offender for assessment
   69.     Assessment of suitability

           Division 4 - Miscellaneous

   70.     Commencement of sentence
   71.     Explanation of periodic detention order to offender
   72.     Preparation and service of written notice of periodic detention order
   73.     Warrant of commitment

   PART 6 - SENTENCING PROCEDURES FOR HOME DETENTION ORDERS

           Division 1 - Preliminary

   74.     Application
   75.     Definitions

           Division 2 - Restrictions on power to make home detention orders

   76.     Home detention not available for certain offences
   77.     Home detention not available for offenders with certain history
   78.     Suitability of offender for home detention
   79.     Concurrent and consecutive sentences

           Division 3 - Assessment reports

   80.     Referral of offender for assessment
   81.     Assessment of suitability

           Division 4 - Miscellaneous

   82.     Court may impose conditions on home detention order
   83.     Explanation of home detention order to offender

   PART 7 - SENTENCING PROCEDURES FOR COMMUNITY SERVICE ORDERS

           Division 1 - Preliminary

   84.     Application
   85.     Definitions

           Division 2 - Restrictions on power to make community service orders

   86.     Suitability of offender for community service work
   87.     Concurrent and consecutive sentences

           Division 3 - Assessment reports

   88.     Referral of offender for assessment
   89.     Assessment of suitability

           Division 4 - Miscellaneous

   90.     Court may impose conditions on community service order
   91.     Removal of graffiti
   92.     Explanation of community service order to offender
   93.     Preparation and service of written notice of community service order

   PART 8 - SENTENCING PROCEDURES FOR GOOD BEHAVIOUR BONDS

   94.     Application
   95.     Good behaviour bonds
   95A.    Intervention program as condition of good behaviour bond
   95B.    Referral of offender for assessment
   96.     Explanation of good behaviour bond to person under bond
   97.     Procedure following failure to enter into good behaviour bond
   98.     Proceedings for breach of good behaviour bond
   99.     Consequences of revocation of good behaviour bond
   99A.    Right to decide not to participate in intervention program
   100.    Action may be taken after good behaviour bond has expired

   PART 8A - NON-ASSOCIATION AND PLACE RESTRICTION ORDERS

   100A.   Non-association and place restriction orders not to restrict certain associations or activities
   100B.   Explanation of non-association and place restriction orders to offenders
   100C.   Commencement of non-association and place restriction orders
   100D.   Suspension of non-association and place restriction orders while offenders in custody
   100E.   Contravention of non-association and place restriction orders
   100F.   Variation or revocation of non-association and place restriction orders following subsequent conviction
   100G.   Variation or revocation of non-association and place restriction orders on application
   100H.   Certain information not to be published or broadcast

   PART 8B - NEW SOUTH WALES SENTENCING COUNCIL

   100I.   Constitution of New South Wales Sentencing Council
   100J.   Functions of Sentencing Council
   100K.   Committees of Sentencing Council
   100L.   Staff of Sentencing Council

   PART 8C - SENTENCING PROCEDURES FOR INTERVENTION PROGRAM ORDERS

           Division 1 - Preliminary

   100M.   Application

           Division 2 - Restrictions on power to make intervention program orders

   100N.   Suitability of offender for intervention program
   100O.   Referral of offender for assessment
   100P.   Explanation of intervention program order

           Division 3 - Enforcement of intervention program order

   100Q.   Procedure following failure to enter into agreement
   100R.   Proceedings for breach of order
   100S.   Consequences of revocation of order
   100T.   Right to decide not to participate in intervention program

   PART 9 - MISCELLANEOUS

   101.    Abolition of power of court concerning recognizances and sureties
   101A.   Effect of failure to comply with Act
   102.    Prerogative of mercy preserved
   103.    Regulations
   104.    Savings, transitional and other provisions
   105.    Review of Act
   106.    Review of Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2