PENALTIES AND SENTENCES ACT 1992 - SECT 10 Court’s reasons to be stated and recorded

PENALTIES AND SENTENCES ACT 1992 - SECT 10

10 Court’s reasons to be stated and recorded

(1) If a court imposes a sentence of imprisonment, including a suspended sentence of imprisonment, it must—

(a) state in open court its reasons for the sentence; and

(b) cause the reasons to be—

(i) recorded in the transcript that is to be kept in the registry with the indictment; or

(ii) recorded in writing and kept in the office of the clerk of the court with the charge sheet; and

(c) cause a copy of the reasons to be forwarded to the chief executive (corrective services).

(2) A sentence is not invalid merely because of the failure of the court to state its reasons as required by subsection (1) (a) , but its failure to do so may be considered by an appeal court if an appeal against sentence is made.