New South Wales Repealed Acts

This legislation has been repealed.

SENTENCING ACT 1989

- As at 3 April 2000
- Act 87 of 1989

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions

   PART 2 - SENTENCING

   5.      Minimum and additional terms
   6.      Fixed terms: alternative to minimum and additional terms
   7.      Fixed terms: sentences of 6 months or less
   8.      Information about minimum or fixed term
   9.      Cumulative sentences
   10.     Restriction on setting minimum and additional terms
   11.     Powers on appeal
   12.     Operation of this Part
   13.     Exclusions from this Part
   13A.    Existing life sentences

   PART 3 - PAROLE

           Division 1 - Release on parole

   14.     Eligibility for release on parole
   15.     Parole order necessary for release

           Division 2 - Parole orders-sentences of more than 3 years

              Subdivision 1 - General

   16.     Application of this Division
   17.     General duty of the Board

              Subdivision 2 - Prisoners other than serious offenders

   17A.    Application of this Subdivision
   18.     Consideration by the Board
   19.     Decision of the Board about release on parole
   19A.    (Repealed)
   20.     Notice of refusal of parole
   21.     Review by the Board
   22.     Decision after review

              Subdivision 3 - Serious offenders

   22A.    Application of this Subdivision
   22B.    Definitions
   22C.    Preliminary consideration by Board
   22D.    Formulation of Board’s initial intention
   22E.    General procedure following formulation of Board’s initial intention
   22F.    Preliminary notice to victims of initial intention to make parole order
   22G.    Preliminary notice to prisoner of initial intention not to make a parole order
   22H.    Procedure following preliminary notice to victims of initial intention to make parole order
   22I.    Procedure following preliminary notice to prisoner of initial intention not to make a parole order
   22J.    Decision following review
   22K.    Decision where no review
   22L.    Parole order
   22M.    Victims Register and notice to victims and other persons
   22N.    Reasons to be provided for rejection of Review Council’s advice
   22O.    Submissions by the State
   22P.    Matters to be considered concerning certain serious offenders

              Subdivision 4 - Applications to Court of Criminal Appeal

   23.     Application to Court of Criminal Appeal by prisoner
   23A.    Application to Court of Criminal Appeal by Crown

           Division 3 - Parole orders-sentences of 3 years or less

   24.     Making of parole orders by court
   25.     Making of parole orders by Board

           Division 3A - Parole orders-exceptional circumstances

   25A.    Parole orders in exceptional circumstances

           Division 4 - Parole orders-general provisions

   26.     Duration of parole order
   27.     Terms and conditions of parole order
   28.     Revocation of parole order before release
   29.     Release under parole order
   30.     Effect of parole order
   31.     Procedural requirements
   32.     Powers of Board if breach suspected
   33.     Inquiry into suspected breach
   34.     Revocation of parole order by Board
   34A.    Request by State to revoke parole order
   35.     Revocation of parole order by court
   36.     Warrants
   37.     Judicial notice of warrants
   38.     Notice of revocation
   39.     Review of revocation
   40.     Decision after review
   41.     Application to Court of Criminal Appeal
   41A.    Application to Court of Criminal Appeal by State

   PART 4 - APPLICATION OF THIS ACT TO CHILDREN

   42.     Definitions
   43.     Application of this Act to children

   PART 5 - THE PAROLE BOARD

   44.     Constitution of the Board
   45.     Composition of the Board
   46.     Provisions relating to members, Divisions and procedure of the Board
   47.     Secretary and other staff of the Board

   PART 6 - MISCELLANEOUS

   48.     Disclosure of information
   49.     Security of certain information
   50.     Report to the Minister
   51.     Information concerning prisoners and prisons
   52.     Evidence
   53.     Royal prerogative etc preserved
   54.     Proceedings for offences
   55.     Regulations
   56.     Repeals
   57.     Savings and transitional provisions
   58.     Amendment of Acts
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5