Northern Territory Consolidated Acts

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SENTENCING ACT


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Application  

   PART 2--GENERAL PRINCIPLES

   5.      Sentencing guidelines  
   6.      Factors to be considered in determining offender's character  
   6A.     Aggravating factors  

   PART 3--SENTENCES

           Division 1--General

   7.      Sentencing and other orders  
   8.      Conviction or non-conviction  

           Division 2--Dismissals, discharges and bonds

              Subdivision 1--General

   9.      Purpose of orders under this Division  

              Subdivision 2--Release without conviction

   10.     Unconditional dismissal  
   11.     Release on bond without conviction  

              Subdivision 3--Release on conviction

   12.     Unconditional discharge  
   13.     Release on bond following conviction  

              Subdivision 4--Variation and breach of orders for release on bond

   14.     Variation of order for release on bond  
   15.     Breach of order for release on bond  

           Division 3--Fines

   16.     Power to fine  
   17.     Exercise of power to fine  
   18.     Aggregate fines  
   19.     Time for payment of fine  
   24.     Application of fine etc.  
   26.     Court may order commitment in default  

           Division 4--Community work orders

   33A.    Purpose of community work orders  
   34.     Community work order  
   35.     Circumstances in which community work order may be made  
   36.     Where more than one community work order made  
   37.     Duties of offender in carrying out community work order  
   38.     Review of community work order  
   39.     Breach of community work order  

           Division 4A--Community based orders

   39A.    Application of Division  
   39B.    When court may make order  
   39C.    Copy of order to be given to offender and Commissioner  
   39D.    Duration of order  
   39E.    Statutory conditions of order  
   39F.    Conditions of order imposed by court – general  
   39G.    Condition of order imposed by court – community work  
   39H.    Orders for more than one offence  
   39J.    Commissioner may change reporting requirement  
   39K.    Suspension of order  
   39L.    Review of order on application of Commissioner or offender  
   39M.    Summons and warrant for arrest of offender if order breached  
   39N.    Court orders following breach  
   39P.    Records as evidence  
   39Q.    Certain costs recoverable by Territory  
   39R.    Discharge of order  

           Division 5--Custodial orders

              Subdivision 1--Suspended sentences of imprisonment

   40.     Suspended sentence of imprisonment  
   41.     Effect of suspended sentence  
   42.     Variation of order conditionally suspending sentence  
   43.     Breach of order suspending sentence  

              Subdivision 2--Home detention orders

   44.     Home detention order  
   45.     Circumstances in which home detention order may be made  
   46.     Where more than one home detention order made  
   47.     Review of home detention order  
   48.     Breach of home detention order  

              Subdivision 2A--Community custody orders

   48A.    Application of Subdivision  
   48B.    When court may make order  
   48C.    Copy of order to be given to offender and Commissioner  
   48D.    Duration of order  
   48E.    Statutory conditions of order  
   48F.    Conditions of order imposed by court  
   48G.    Commissioner may change reporting requirement  
   48H.    Suspension of order  
   48J.    Review of order on application of Commissioner or offender  
   48K.    Summons and warrant for arrest of offender if order breached  
   48L.    Court orders following breach – commission of offence  
   48M.    Court orders following another breach  
   48N.    Records as evidence  
   48P.    Certain costs recoverable by Territory  
   48Q.    End of sentence and discharge of order  

              Subdivision 3--Imprisonment

   49.     Term of imprisonment where none prescribed  
   50.     Imprisonment to be served concurrently unless otherwise ordered  
   51.     Cumulative orders of imprisonment  
   52.     Aggregate sentences of imprisonment  
   53.     Fixing of non-parole period by sentencing court  
   53A.    Non-parole periods for offence of murder  
   54.     Minimum non-parole period  
   55.     Minimum non-parole period for certain sexual offences and drug offences  
   55A.    Fixed non-parole periods for offences against persons under 16 years  
   56.     Fixing of non-parole period otherwise than by sentencing court  
   57.     Fixing of new non-parole period in respect of multiple sentences  
   59.     Order of service of sentences of imprisonment  
   60.     Sentences of imprisonment – whether concurrent or cumulative  
   60A.    Sentence of imprisonment for escaping from lawful custody  
   61.     Sentence of imprisonment on default of payment of fine  
   62.     Commencement of sentences of imprisonment  
   63.     Calculation of term of imprisonment  
   63A.    Effect on term of imprisonment of absence from custodial correctional facility  
   64.     Further sentence if person on parole  

              Subdivision 4--Indefinite sentences for violent offenders

   65.     Indefinite sentence – imposition  
   66.     Prosecution to inform Court  
   67.     Adjournment  
   68.     Evidence  
   69.     Court to give reasons  
   70.     Onus of proof  
   71.     Standard of proof  
   72.     Review – periodic  
   73.     Review – application by offender  
   74.     Discharge of indefinite sentence  
   75.     Re-integration programs  
   76.     Proper officer to give report  
   77.     Appeals  
   78.     Hearings – offender to be present  

           Division 6--Aggravated property offences

   78A.    Purpose  
   78B.    Aggravated property offences  

           Division 6A--Mandatory imprisonment for violent offences

              Subdivision 1--Preliminary matters

   78C.    Definitions  
   78CA.   Offence levels  

              Subdivision 2--Mandatory imprisonment

   78D.    Level 5 offence – first offence  
   78DA.   Level 5 offence – second or subsequent offence  
   78DB.   Level 4 offence – any offence  
   78DC.   Level 3 offence – first offence  
   78DD.   Level 3 offence – second or subsequent offence  
   78DE.   Level 2 offence – any offence  
   78DF.   Level 1 offence – second offence  
   78DG.   Imposition of term of actual imprisonment  
   78DH.   Imposition of minimum sentence  
   78DI.   Exceptional circumstances exemption  

              Subdivision 3--General matters

   78E.    Other powers not affected  
   78EA.   Division does not apply to offence committed before commencement  

           Division 6B--Imprisonment for sexual offences

   78F.    Imprisonment for sexual offences  
   78H.    Interpretation  
   78J.    Declaration of perpetrators' program  
   78K.    Making of perpetrators' program orders  
   78L.    Duties of offender participating in perpetrators' program  
   78M.    Review of perpetrators' program orders  
   78N.    Breach of perpetrators' program  

   PART 4--MENTAL HEALTH ORDERS

   78P.    Interpretation  
   79.     Assessment orders  
   80.     Approved treatment facility orders  
   81.     Expiration of certain approved treatment facility orders  
   82.     Consent to treatment  
   83.     Treatment under this Part  
   84.     Custody of admitted person  
   85.     Variation of approved treatment facility orders  
   86.     Breach of approved treatment facility orders  

   PART 5--ORDERS IN ADDITION TO SENTENCE

           Division 1--Restitution and compensation orders

   87.     Application of this Division  
   88.     Orders for restitution and compensation  
   89.     Reimbursement of costs of restoring property etc.  
   90.     Making of order  
   91.     Application for order  
   92.     Form of order  
   93.     Imprisonment for breach of order  
   94.     Extension of time of order  
   97.     Orders not to affect other rights  

           Division 1AA--Certificates for victims of identity crime

   97AA.   Definitions  
   97AB.   Court may issue certificate to victim  
   97AC.   Content of certificate  

           Division 1A--Non-association and place restriction orders

   97A.    When court may make order  
   97B.    Explanation of order  
   97C.    Commencement of order  
   97D.    Contravention of order  
   97E.    Variation of order on application  
   97F.    Variation of order following conviction  
   97G.    Order may not be extended by variation  
   97H.    Certain information not to be published or broadcast  

           Division 2--Other orders

   98.     Cancellation of driver's licence  
   99.     Passport orders  
   99A.    Forfeiture of property orders  

   PART 6--MAKING OF SENTENCING AND OTHER ORDERS

           Division 1--Conditions, requirements and signing of orders

   100.    Condition of order to undertake treatment program  
   101.    Consent of offender to conditional order  
   102.    Explanation of orders  
   102A.   Signing of orders  

           Division 2--Information and reports before passing sentence

              Subdivision 1--Information, reports etc.

   103.    Assessment of offender before certain orders made  
   104.    Information before passing sentence or making order  
   104A.   Special provisions regarding cultural information  
   105.    Court may order pre-sentence report  
   106.    Contents of pre-sentence report  

              Subdivision 2--Victim impact statements and victim reports

   106A.   Definitions  
   106B.   Victim impact statements and victim reports  

           Division 3--Taking alleged offences into account

   107.    Court may take alleged offences into account  

           Division 4--Passing of sentence

   108.    Time and place of sentence  
   108A.   Stating and recording requirement for sentence after guilty plea  
   110.    Sentences not invalidated by failure to comply with procedural requirements  

   PART 7--CORRECTION OF SENTENCES

   111.    Correction of sentences by Supreme Court  
   112.    Court may reopen proceeding to correct sentencing errors  

   PART 8--APPEALS AGAINST SENTENCE IMPOSED ON VARIATION OR BREACH

   113.    Appeal against sentence imposed on variation or breach  

   PART 9--REMISSION OF SENTENCE

   114.    Remission of sentence by Administrator  

   PART 10--PREROGATIVE OF MERCY

   115.    Release by Administrator in exercise of prerogative of mercy  
   116.    Penalties for offences may be remitted  

   PART 11--MISCELLANEOUS MATTERS

   117.    Offender to be present when sentence imposed  
   120.    Lesser sentence may be imposed  
   121.    Effect of alterations in penalties  
   122.    Maximum penalty for indictable offence dealt with summarily  
   123.    Old offences relevant in determining previous convictions  
   123A.   Late guilty plea not relevant for sentencing for offence  
   124.    Abolition of common law bonds  
   126.    Facilitation of proof  
   128.    Regulations  

   PART 12--REPEAL AND TRANSITIONAL MATTERS

           Division 1--Repeal of Acts

   129.    Repeal  

           Division 2--Transitional matters for Sentencing Act 1995

   130.    Savings and transitional  

           Division 3--Transitional matters for Sentencing Amendment (Aboriginal Customary Law) Act 2004

   131.    Application of section 104A  

           Division 4--Transitional matters for the Criminal Code Amendment (Criminal Damage) Act 2011

   132.    Transitional matters for Criminal Code Amendment (Criminal Damage) Act 2011  

           Division 5--Transitional matters for Justice (Corrections) and Other Legislation Amendment Act 2011

   133.    Community based orders and community custody orders for pre-commencement offences  

           Division 6--Transitional matters for Justice and Other Legislation Amendment Act 2014

   134.    Application of section 64 to offences committed before commencement  
   135.    Application of section 104A to offences committed before commencement  
   136.    Application of section 107 to offences committed before commencement  

           Division 7--Transitional matters for Sentencing Legislation Amendment Act 2015

   137.    Application of amendments  

           Division 8--Justice Legislation Amendment (Summary Procedure) Act 2015

   138.    Definitions  
   139.    Application of sections 5(2)(ha) and 123A  
   140.    Application of section 108A  
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES


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