Northern Territory Consolidated Acts

SENTENCING ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary
   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, &c.
   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 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 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 crime of murder
   54.     Minimum non-parole period
   55.     Fixed non-parole period for certain sexual 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
   61.     Sentence of imprisonment on default of payment of fine
   62.     Commencement of sentences of imprisonment
   63.     Calculation of term of imprisonment
   64.     Serving of balance of term of imprisonment when sentenced to further imprisonment
           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 Imprisonment for violent offences
   78BA.   Mandatory imprisonment for certain violent offences
           Division 6B Imprisonment for sexual offences
   78BB.   Imprisonment for sexual offences
           Division 8 Perpetrators' program orders
   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, &c.
   90.     Making of order
   91.     Application for order
   92.     Form of order
   93.     Imprisonment for breach of order
   94.     Extension of time of order
   95.     Payment of compensation by instalment
   96.     Application by person against whom order made
   97.     Orders not to affect other rights
           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, &c.
   103.    Assessment of offender before certain orders made
   104.    Information before passing sentence or making order
   104A.   Information on Aboriginal customary law and community views
   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 other charges into account
   107.    Disposal of other pending charges
           Division 4 Passing of sentence
   108.    Time and place of sentence
   109.    Sentence by another Judge or Magistrate
   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
   117.    Offender to be present when sentence imposed
   120.    Lesser sentence may be imposed
   121.    Effect of alterations in penalties
   122.    Jurisdiction of Court of Summary Jurisdiction
   123.    Old offences relevant in determining previous convictions
   124.    Abolition of common law bonds
   125.    Procedural rules and regulations
   126.    Facilitation of proof
   127.    Service of documents, &c.
   128.    Regulations
           Part 12 Repeal and transitional matters for Sentencing Act 1995
   129.    Repeal
   130.    Savings and transitional
           Part 13 Transitional matters for Sentencing Amendment (Aboriginal Customary Law) Act 2004
   131.    Application of section 104A
           SCHEDULE 2 - Violent offences
           SCHEDULE 3 - Sexual offences
           SCHEDULE 4 - Acts and Ordinances repealed
           ENDNOTES