SENTENCING ACT 1995 - SECT 65 Indefinite sentence – imposition
SENTENCING ACT 1995 - SECT 65
Indefinite sentence – imposition(1) In this section, "violent offence" means:
(a) an offence:
(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 208HB, 208J, 208JA, 208JB, 208K, 208KA or 208KB of the Criminal Code; or
(d) an offence of attempting to commit an offence against section 208H of the Criminal Code; or
(e) an offence against section 127, 128 or 192 of the Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 .
(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 must not fix a non-parole period in respect of an indefinite sentence.
(5) The Supreme Court must 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 must specify one nominal sentence that must 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 must, if it imposes an indefinite sentence on the offender for the other violent offence, specify one nominal sentence that applies to all the indefinite sentences.
(8) The Supreme Court must not impose an indefinite sentence on an offender unless it is satisfied that the offender is a serious danger to the community because of any of the following:
(a) the offender's antecedents, character, age, health or mental condition;
(b) the severity of the violent offence;
(c) any special circumstances.
(9) In determining whether the offender is a serious danger to the community, the Supreme Court must have regard to the following:
(a) whether the nature of the offence is exceptional;
(b) the offender's antecedents, age and character;
(c) any medical, psychiatric, custodial correctional facility 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;
(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 subsection (9), the Supreme Court may order the preparation and provision to the Court of such medical, psychiatric, custodial correctional facility and other reports as the Court considers relevant.