South Australian Consolidated Acts

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
   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

           Division 2--General sentencing powers

   10.     Matters to be considered by sentencing court
   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
   19A.    Restraining orders may be issued on finding of guilt or sentencing
   19B.    Deferral of sentence for rehabilitation and other purposes
   19C.    Mental impairment
   20.     This Division does not affect mandatory sentences

           Division 2A--Serious repeat offenders

   20A.    Interpretation
   20B.    Declaration that person is serious repeat offender

           Division 3--Sentences of indeterminate duration

   21.     Application
   23.     Offenders incapable of controlling, or unwilling to control, sexual instincts
   24.     Release on licence
   25.     Court may obtain reports
   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

   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

   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
   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 may 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

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

           Division 3--Enforcement of pecuniary sums

              Subdivision 1--Preliminary

   60.     Interpretation
   61.     Pecuniary sum is payable within 28 days
   62.     Payment of pecuniary sum to the Manager
   63.     Payment by credit card etc
   64.     Arrangements may be made as to manner and time of payment
   65.     Reminder notice
   66.     Investigation of debtor's financial position
   67.     Publication of names of debtors who cannot be found
   68.     Charge on land

              Subdivision 2--Procedural matters

   69.     Time at which enforcement action can be taken
   70.     Aggregation of pecuniary sums for the purposes of enforcement
   70A.    Penalty enforcement orders may be made in absence of debtor
   70B.    Authorised officer may be assisted by others in certain circumstances
   70C.    Costs of penalty enforcement orders
   70D.    Cancellation of penalty enforcement orders

              Subdivision 3--Penalty enforcement orders

   70E.    Suspension of driver's licence
   70F.    Restriction on transacting business with the Registrar of Motor Vehicles
   70G.    Seizure and sale of land or personal property
   70H.    Garnishee order

              Subdivision 4--Reconsideration by Court where debtor has no means to pay

   70I.    Court may remit or reduce pecuniary sum or make substitute orders

              Subdivision 5--Remission of levies where debtor has no means to pay

   70J.    CIC levies to be remitted if unenforceable

              Subdivision 6--Enforcement against youths

   70K.    Enforcement against youths
   70L.    Community service orders

              Subdivision 7--Rights of review and appeal

   70M.    Review
   70N.    Appeal

           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
   72B.    Immunity of authorised officers and assistants
   72C.    Power of delegation--intervention program manager
   73.     Abolition of hard labour1
   74.     Evidentiary
   75.     Regulations
           SCHEDULE--Transitional provisions
           Legislative history