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CRIMINAL LAW (SENTENCING) ACT 1988


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   3A.     Application of Act to youths
   4.      Powers conferred by this Act are additional
   5.      This Act does not affect power to deal with contempt

   PART 2--General sentencing provisions

           Division 1--Procedural provisions

   6.      Determination of sentence
   7.      Prosecutor to furnish particulars of victim's injury etc
   7A.     Victim impact statements
   7B.     Community impact statements
   7C.     Statements to be provided in accordance with rules
   8.      Pre-sentence reports
   9.      Court to inform defendant of reasons etc for sentence
   9A.     Rectification of sentencing errors
   9B.     Presence of defendant during sentencing proceedings
   9C.     Sentencing of Aboriginal defendants
   9D.     ERD Court sentencing conferences

           Division 2--General sentencing powers

   9E.     Purpose and application of Division
   10.     Sentencing considerations
   10A.    Reduction of sentences for cooperation etc with law enforcement agency
   10B.    Reduction of sentences for guilty plea in Magistrates Court etc
   10C.    Reduction of sentences for guilty plea in other cases
   11.     Imprisonment not to be imposed except in certain circumstances
   13.     Order for payment of pecuniary sum not to be made in certain circumstances
   14.     Preference must be given to compensation for victims
   14A.    Court not to fix time for payment of pecuniary sums
   15.     Discharge without penalty
   16.     Imposition of penalty without conviction
   17.     Reduction of minimum penalty
   18.     Court may add or substitute certain penalties
   18A.    Sentencing for multiple offences
   19.     Limitations on sentencing powers of Magistrates Court
   19AA.   Non-association or place restriction orders may be issued on sentence
   19A.    Intervention orders may be issued on finding of guilt or sentencing
   19B.    Deferral of sentence for rehabilitation and other purposes
   19C.    Mental impairment
   19D.    Deferral of sentence following ERD Court sentencing conference

           Division 2AA--Serious firearm offenders

   20AA.   Interpretation
   20AAB.  Serious firearm offenders
   20AAC.  Sentence of imprisonment not to be suspended

           Division 2A--Serious repeat adult offenders and recidivist young offenders

   20A.    Interpretation and application
   20B.    Serious repeat offenders
   20BA.   Sentencing of serious repeat offenders
   20C.    Declaration that youth is recidivist young offender

           Division 3--Sentences of indeterminate duration

   21.     Application
   23.     Offenders incapable of controlling, or unwilling to control, sexual instincts
   23A.    Discharge of detention order under section 23
   24.     Release on licence
   24A.    Appropriate board may direct person to surrender firearm etc
   25.     Court may obtain reports
   25A.    Inquiries by medical practitioners
   26.     Parties
   27.     Service on guardian
   27A.    Appeals
   28.     Proclamations
   29.     Regulations

           Division 4--Sentencing guidelines

   29A.    Sentencing guidelines
   29B.    Power to establish (or review) sentencing guidelines
   29C.    Conduct of proceedings

           Division 5--Offences involving paedophilia

   29D.    Sentencing standards for offences involving paedophilia

           Division 6--Re-sentencing

   29DA.   Re-sentencing for failure to cooperate in accordance with undertaking under section 10A
   29E.    Re-sentencing for subsequent cooperation with law enforcement agency

   PART 3--Imprisonment

           Division 1--Sentences of imprisonment

   30.     Commencement of sentences and non-parole periods
   31.     Cumulative sentences

           Division 2--Non-parole periods

   31A.    Application of Division to youths
   32.     Duty of court to fix or extend non-parole periods
   32A.    Mandatory minimum non-parole periods and proportionality

           Division 3--Dangerous offenders

   33.     Interpretation
   33A.    Dangerous offenders
   33AB.   Appeal
   33B.    Division does not affect Governor's powers etc in relation to parole

           Division 3A--Home detention

   33BA.   Preliminary
   33BB.   Home detention orders
   33BC.   Conditions of home detention order
   33BD.   Orders that court may make on breach of condition of home detention order etc
   33BE.   Apprehension and detention of person subject to supervision order without warrant
   33BF.   Offence to contravene or fail to comply with condition of home detention order

           Division 4--Effect of imprisonment for contempt

   33C.    Effect of imprisonment for contempt

   PART 4--Fines

   34.     Maximum fine where no other maximum provided

   PART 5--Bonds

   36.     Court may not impose bond except under this Part
   37.     Part does not apply to murder or treason
   38.     Suspension of imprisonment on defendant entering into bond
   39.     Discharge without sentence on defendant entering into bond
   40.     Term of bond
   41.     Guarantors etc
   42.     Conditions of bond
   42A.    Court may direct person to surrender firearm etc
   43.     Court to furnish CEO with copy of court order
   44.     Variation or discharge of bond

   PART 6--Community service and supervision

   45.     Notification of court if suitable community service placement is not available
   46.     Ancillary orders for supervision
   47.     Special provisions relating to community service
   48.     Special provisions relating to supervision
   49.     CEO must assign community corrections officer
   50.     Community corrections officer to give reasonable directions
   50AA.   Powers of community corrections officer in the case of home detention
   50A.    Variation of community service order
   50B.    Power of Minister to cancel unperformed hours of community service
   51.     Power of Minister in relation to default in performance of community service

   PART 7--Restitution and compensation

   52.     Restitution of property
   53.     Compensation
   54.     Certificate for victims of identity theft

   PART 9--Enforcement of sentence

           Division 1--General

   56.     Enforcement must be taken under this Part
   56A.    Appointment of authorised officers

           Division 2--Enforcement of bonds

   56B.    Preliminary
   57.     Non-compliance with bond
   58.     Orders that court may make on breach of bond

           Division 2A--Enforcement of restitution orders

   59.     Non-compliance with order for restitution of property

           Division 3--Enforcement of pecuniary sums

              Subdivision 1--Preliminary

   60.     Interpretation
   61.     Amounts due under expiation notices may be treated as part of pecuniary sum
   62.     Enforcement against youths
   63.     Service of notices etc

              Subdivision 2--Fines Enforcement and Recovery Officer

   64.     Fines Enforcement and Recovery Officer
   65.     Delegation
   65A.    Annual report

              Subdivision 3--Payment of pecuniary sums

   66.     Pecuniary sum is payable within 28 days
   67.     Payment of pecuniary sum to Fines Enforcement and Recovery Officer
   68.     Payment by credit card etc
   69.     Amounts unpaid or unrecovered for more than certain period
   70.     Arrangements as to manner and time of payment
   70A.    Minister may declare amnesty from payment of costs, fees and charges
   70B.    Investigation of debtor's financial position
   70C.    Power to require information
   70D.    Disclosure of information to prescribed interstate authority
   70E.    Power to require identification
   70F.    Publication of names of debtors who cannot be found
   70G.    Charge on land
   70H.    Reminder notice
   70I.    Enforcement actions

              Subdivision 4--Powers relating to enforcement action

   70J.    Aggregation of pecuniary sums for the purposes of enforcement
   70K.    Seizure and sale of assets
   70L.    Garnishment
   70M.    Suspension of driver's licence
   70N.    Restriction on transacting business with Registrar of Motor Vehicles
   70O.    Clamping or impounding of vehicle
   70P.    Power to dispose of uncollected seized vehicles
   70Q.    Publication of names of debtors subject to enforcement action
   70R.    Costs
   70S.    Liability
   70T.    Fines Enforcement and Recovery Officer may be assisted by others

              Subdivision 5--Failure of enforcement process

   70U.    Community service orders

           Division 4--Enforcement of community service orders and other orders of a non-pecuniary nature

   71.     Community service orders may be enforced by imprisonment
   71A.    Other non-pecuniary orders may be enforced by imprisonment
   71AB.   Registrar may exercise jurisdiction under this Division
   71B.    Detention in prison

   PART 10--Miscellaneous

   72.     Identification of authorised officers
   72A.    Hindering authorised officer or assistant
   72C.    Power of delegation--intervention program manager
   73.     Abolition of hard labour1
   74.     Evidentiary
   75.     Regulations
           SCHEDULE 1--Review of reduction of sentences
           SCHEDULE 2--Reconsideration of authorisations to release on licence under section 24
           Legislative history


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