SENTENCING ACT 1995
SENTENCING ACT 1995
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 and discharges
9. Purpose of orders under this Division
10. Unconditional dismissal
12. Unconditional discharge
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
27. Alternative penalties
28. Fine in addition to or instead of imprisonment
29. Body corporate fines under penalty provision
Division 4--Community correction orders
30. Purpose of community correction orders
31. When court may make order
32. Duration of order and day order commences
33. Statutory conditions of order
34. Conditions of order imposed by court
35. Condition requiring monitoring
36. Condition to participate in approved project
37. Copy of order to be given to offender and Commissioner
38. Orders for more than one offence
39. Revocation or variation of order on application
39A. Breach of community correction order
39B. Court orders following breach
39C. Records as evidence
39D. Certain costs recoverable by Territory
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--Intensive community correction orders
44. Purpose of intensive community correction orders
45. When court may make order
46. Duration of order and day order commences
47. Statutory conditions of order
48. Conditions of order imposed by court
48A. Home detention condition
48B. Condition to participate in approved project
48C. Copy of order to be given to offender and Commissioner
48D. Orders for more than one offence
48E. Revocation or variation of order on application
48F. Breach of intensive community correction order
48G. Court orders following breach
48H. Records as evidence
48J. Certain costs recoverable by Territory
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 term of imprisonment
53. Fixing of non-parole period by sentencing court
53A. Non-parole periods for offence of murder
54. Fixed non-parole period for certain offences
55. Minimum non-parole period for offence of sexual intercourse without consent
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
78AA. Aggravated property offences
78A. Purpose
78B. Aggravated property offences
Division 6A--Mandatory imprisonment for certain offences
Subdivision 1--Preliminary matters
78C. Definitions
78CA. Imposition of minimum sentence
78CB. Imposition of term of actual imprisonment
Subdivision 2--Mandatory imprisonment
78D. Offence against section 155A of Criminal Code involving assault
78DA. Offence against section 189A of Criminal Code
78DB. Exceptional circumstances exemption
Division 6B--Imprisonment for sexual offences
78F. Imprisonment for sexual offences
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 3A--Community court sentencing procedure
107A. Definitions
107B. Aboriginal experience report
107C. Law and Justice Group
107D. Application for community court sentencing procedure
107E. Community court sentencing procedure
107F. Information in Aboriginal experience report and responses of Law and Justice Group
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 before court 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
Division 9--Transitional matter for Criminal Code Amendment (Property Offences) Act 2022
141. Definition aggravated property offence
Division 10--Transitional matters for Sentencing and Other Legislation Amendment Act 2022
142. Definition
143. Community correction orders and intensive community correction orders
144. Mandatory sentencing before and after commencement
145. Application of Act to old orders
146. Application of section 5
147. Application of section 42
148. Non-parole period for offences committed before the commencement
Division 11--Transitional matters for Sentencing Legislation Amendment Act 2023
149. Application of Part 6, Division 3A
Division 12--Transitional matter for Criminal Justice Legislation Amendment (Sexual Offences) Act 2023
150. Application of section 5
Division 13--Transitional matters for Justice Legislation Amendment (Domestic and Family Violence) Act 2023
151. Definitions
152. Application of amendment to section 6A
153. Application of section 52
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
ENDNOTES