SENTENCING ACT 2017
Table of Provisions
PART 1--Preliminary
Division 1--Preliminary
Division 2--Sentencing purposes
- 3 Primary sentencing purpose
- 4 Secondary sentencing purposes
Division 3--Interpretation and application of Act
- 5 Interpretation
- 6 Application of Act to youths
- 7 Powers conferred by this Act are additional
- 8 Court may not impose bond except under this Act
PART 2--Sentencing purposes, principles and factors
Division 1--Purposes, principles and factors
- 9 Primary purpose to be considered
- 10 General principles of sentencing
- 11 Individual sentencing factors
Division 2--General sentencing provisions
Subdivision 1--Procedural provisions
- 12 Determination of sentence
- 13 Prosecutor to provide particulars of victim's injury etc
- 14 Victim impact statements
- 15 Community impact statements
- 16 Statements to be provided in accordance with rules
- 17 Pre-sentence reports
- 18 Expert evidence
- 19 Court to inform defendant of reasons etc for sentence
- 20 Rectification of sentencing errors
- 21 Presence of defendant during sentencing proceedings
- 22 Sentencing of Aboriginal and Torres Strait Islander defendants
Subdivision 2--General sentencing powers
- 23 Discharge without penalty
- 24 Imposition of penalty without conviction
- 25 Court may reduce, add or substitute certain penalties
- 26 Sentencing for multiple offences
- 27 Non-association or place restriction orders may be issued on sentence
- 28 Intervention orders may be issued on finding of guilt or sentencing
- 29 Deferral of sentence for rehabilitation and other purposes
- 30 Mental impairment
Subdivision 4--Sentencing reductions
- 36 Application of Subdivision
- 37 Reduction of sentences for cooperation etc with law enforcement agency
- 39 Reduction of sentences for guilty plea in Magistrates Court etc
- 40 Reduction of sentences for guilty pleas in other cases
- 41 Application of sentencing reductions
- 42 Re-sentencing for failure to cooperate in accordance with undertaking under section 37
43. Re-sentencing for subsequent cooperation with law enforcement agency
Division 1--Imprisonment
Division 2--Non-parole periods
- 46 Application of Division to youths
- 47 Duty of court to fix or extend non-parole periods
- 48 Mandatory minimum non-parole periods and proportionality
Division 3--Serious firearm offenders
- 49 Interpretation
- 50 Serious firearm offenders
- 51 Sentence of imprisonment not to be suspended
Division 4--Serious repeat adult offenders and recidivist young offenders
- 52 Interpretation
- 53 Serious repeat offenders
- 54 Sentencing of serious repeat offenders
- 55 Declaration that youth is recidivist young offender
Division 5--Offenders incapable of controlling, or unwilling to control, sexual instincts
- 56 Application of this Division
- 57 Offenders incapable of controlling, or unwilling to control, sexual instincts
- 58 Discharge of detention order under section 57
59. Release on licence
- 60 Appropriate board may direct person to surrender firearm etc
- 61 Court may obtain reports
- 62 Inquiries by medical practitioners
- 63 Parties
- 64 Service on guardian
- 65 Appeals
- 66 Proclamations
- 67 Regulations
Division 6--Sentencing standards for offences involving child sexual abuse
- 68 Sentencing standards for offences involving child sexual abuse
Division 7--Community based custodial sentences
Subdivision 1--Home detention
Division 8--Effect of imprisonment for contempt
- 93 Effect of imprisonment for contempt
PART 4--Other community based sentences
Division 1--Purpose, interpretation and application
- 94 Purpose of Part
- 95 Interpretation and application of Part
Division 2--Bonds, community service and supervision in community
- 96 Suspension of imprisonment on defendant entering into bond
- 97 Discharge of other defendants on entering into good behaviour bond
- 98 Conditions of bonds under this Act
- 99 Term of bond
- 100 Guarantors etc
- 101 Court may direct person to surrender firearm etc
- 102 Court to provide CE with copy of court order
- 103 Variation or discharge of bond
- 104 Court to be notified if suitable community service placement not available
- 105 Provisions relating to community service
- 106 Provisions relating to supervision in the community
- 107 CE must assign community corrections officer
- 108 Community corrections officer to give reasonable directions
- 110 Variation of community service order
- 111 Power of Minister to cancel unperformed hours of community service
- 112 Power of Minister in relation to default in performance of community service
Division 3--Enforcement of bonds, community service orders and other orders of a non-pecuniary nature
Subdivision 1--Bonds
- 113 Non-compliance with bond
- 114 Orders that court may make on breach of bond
Subdivision 2--Community service orders and other orders of a non-pecuniary nature
- 115 Community service orders may be enforced by imprisonment
- 116 Other non-pecuniary orders may be enforced by imprisonment
- 117 Registrar may exercise jurisdiction under this Division
- 118 Detention in prison
PART 5--Financial penalties
- 119 Maximum fine if no other maximum provided
- 120 Order for payment of pecuniary sum not to be made in certain circumstances
- 121 Preference must be given to compensation for victims
- 122 Court not to fix time for payment of pecuniary sums
PART 6--Restitution and compensation
Division 1--Restitution and compensation generally
- 123 Restitution of property
- 124 Compensation
- 125 Certificate for victims of identity theft
Division 2--Enforcement of restitution orders
- 126 Non-compliance with order for restitution of property
PART 7--Miscellaneous
- 127 Power of delegation--intervention program manager
- 128 Regulations
