Northern Territory Consolidated Acts Northern Territory Consolidated Acts65. Indefinite sentence - imposition
(1) In this section, violent offence means:
(a) a crime:
(i) that, in fact, involves the use, or attempted use, of violence against a person; and
(ii) for which an offender may be sentenced to imprisonment for life; or
(c) an offence against section 127, 128 or 192 of the Criminal Code.
(2) The Supreme Court may sentence an offender convicted of a violent offence or violent offences to an indefinite term of imprisonment.
(3) An order under this section may be made on the Supreme Court's initiative or on an application made by the prosecutor.
(4) The Supreme Court shall not fix a non-parole period in respect of an indefinite sentence.
(5) The Supreme Court shall specify in the order imposing an indefinite sentence a nominal sentence of a period equal to the period that it would have fixed had it not imposed an indefinite sentence.
(6) Where the Supreme Court imposes more than one indefinite sentence on an offender convicted of more than one violent offence in the same proceeding, the Court shall specify one nominal sentence that shall apply to all the indefinite sentences.
(7) Where an offender is serving an indefinite sentence and the offender is convicted of another violent offence, the Supreme Court shall, if it imposes an indefinite sentence on the offender for the other violent offence, specify one nominal sentence that shall apply to all the indefinite sentences.
(8) The Supreme Court shall not impose an indefinite sentence on an offender unless it is satisfied that the offender is a serious danger to the community because of:
(a) the offender's antecedents, character, age, health or mental condition;
(b) the severity of the violent offence; and/or
(c) any special circumstances.
(9) In determining whether the offender is a serious danger to the community, the Supreme Court shall have regard to:
(a) whether the nature of the offence is exceptional;
(b) the offender's antecedents, age and character;
(c) any medical, psychiatric, prison or other relevant report in relation to the offender;
(d) the risk of serious physical harm to members of the community if an indefinite sentence were not imposed; and/or
(e) the need to protect members of the community from the risk referred to in paragraph (d).
(10) Subsection (9) does not limit the matters to which the Supreme Court may have regard in determining whether to impose an indefinite sentence.
(11) For the purpose of subsection (9), the Supreme Court may order the preparation and provision to the Court of such medical, psychiatric, prison and other reports as the Court considers relevant.