SENTENCING ACT 1997
- Act 59 of 1997 - Royal Assent 22 December 1997Table of Provisions
Long TitlePART 1 - Preliminary
- 1 Short title
- 2 Commencement
- 3 Purpose of Act
- 4 Interpretation
- 5 Application of Act
- 6 Act is not a code
PART 2 - General sentencing powers
- 7 Sentencing orders
- 7A Adjournment for deferral of sentencing
- 8 Combined sentencing orders
- 9 Conviction or non-conviction
- 10 Effect of finding of guilt without recording of conviction
- 11 Court may impose single, general or mixed sentence
- 11A Matters to be taken or not taken into account in sentencing certain sexual offenders
- 11B Racial motivation to be taken into account in sentencing offenders
- 11C Self-induced intoxication not to be mitigating factor in sentencing
PART 3 - Custodial sentences Division 1 - General
- 12 Mitigation of imprisonment
- 13 Maximum prison term imposable by court of petty sessions for crime triable summarily
- 14 Commencement of custodial sentence
- 15 Custodial sentence: whether concurrent or cumulative
- 16 Time held in custody before trial, &c., to be taken into account
- 16A Mandatory imprisonment for offence causing serious bodily harm to police officer
Division 2 - Parole
- 17 Court may bar or limit eligibility for parole
- 18 Court to make order on eligibility of life prisoner for parole
Division 3 -
. . . . . . . .Division 4 - Suspended sentences
- 24 Suspended sentence to be conditional
- 25 Effect of suspended sentence
- 26 Variation of order conditionally suspending sentence
- 27 Breach of order suspending sentence
PART 3A - Drug treatment orders
- 27A Interpretation of Part
- 27AB Court constituted by magistrate may refer sentencing to other magistrate
- 27B Court may make drug treatment order
- 27C Purpose of drug treatment order
- 27D Drug treatment order assessment report
- 27E Parts of drug treatment order
- 27F Custodial part of drug treatment order and its activation
- 27G Core conditions of drug treatment order
- 27H Program conditions of drug treatment order
- 27I Case conferences
- 27J Variation of drug treatment order on assessment of progress
- 27K Compliance reward
- 27L Cancellation reward
- 27M Contravention of order
- 27N Imprisonment
- 27O Commission of certain offences
- 27P Hearing and determining certain offences
- 27Q Cancellation
- 27QA Referral of matters to other courts
- 27R Second anniversary review
- 27S Motions to review
- 27T Immunity from prosecution for certain drug offences
- 27U Information sharing
- 27V Random drug testing
- 27W Disclosure of compliance information
- 27X Court diversion officers and case managers
PART 4 - Community service orders
- 27Y No new community service orders to be made
- 28 Conditions of community service order
- 29 Court may consider compliance with previous order
- 30 Multiple community service orders
- 31 Limitation on number of hours of community service
- 32 Attendance at educational program
- 33 Community service for benefit of victim of offence
- 34 Duration of community service order
- 35 Review of community service order
- 36 Breach of community service order
- 36AA Offences relating to community service orders
- 36A Offender discharging order is taken to be Crown employee for certain purposes
PART 5 - Probation orders
- 36B No new probation orders to be made
- 37 Conditions of probation order
- 38 Multiple probation orders
- 39 Limitation on duration of probation order
- 40 Commencement of probation order
- 41 Review of probation order
- 42 Breach of probation order
- 42A Offence relating to a probation order
PART 5A - Home Detention Orders
- 42AB Interpretation of Part
- 42AC Home detention orders
- 42AD Core conditions of home detention order
- 42AE Special conditions of home detention orders
- 42AF Operational period of home detention order
- 42AG Commencement of operational period of home detention order
- 42AH Applications to vary or cancel home detention orders
- 42AI Breach of condition of home detention orders
- 42AJ Breach of condition of home detention order where offender found guilty of offence
- 42AK Offence relating to home detention order
- 42AL Power of arrest
PART 5B - Community Correction Orders
- 42AM Interpretation
- 42AN Community correction orders
- 42AO Core conditions of community correction orders
- 42AP Special conditions
- 42AQ Operational period of community correction order
- 42AR Commencement of operational period of community correction order
- 42AS Limitation on number of hours of community service
- 42AT Forms of community service
- 42AU Application to vary or cancel community correction order
- 42AV Breach of condition of community correction order
- 42AW Breach of condition of community correction order where offender found guilty of offence
- 42AX Offences relating to community correction orders
- 42AY Arrest for failure to appear at certain applications, or for breach, or suspected breach, of order
- 42AZ Offender discharging order is taken to be Crown employee for certain purposes
PART 6 - Fines
- 42B Conviction not required for imposition of penalty
- 43 Priority of fine and restitution or compensation order
- 44 Period for payment of fine
- 45 Enforcement of Supreme Court fine
PART 6AA - Warrant of commitment for non-payment of monetary penalty
- 46 Warrant of commitment for non-payment of monetary penalty
- 47 Failure of defendant outside jurisdiction to pay monetary penalty
- 48 Calculation of prison term for default in payment of monetary penalty
- 49 Section 49
- 50 Section 50
- 51 Amount in default reduced by imprisonment
- 52 Satisfaction of execution by payment
- 53 Enforcement of fine by civil process
- 54 Section 54
PART 6A - Rehabilitation programs
- 54A Contravention of rehabilitation program order
PART 7 - Driving disqualification orders
- 55 Power of court to disqualify driver on conviction for certain offences
- 56 Court may delay disqualification
- 57 Restricted driver licences
PART 8 - Adjournments, discharges, deferrals and dismissals Division
1 - Deferral of sentencing- 57A When sentence may be deferred under section 7(eb)
- 57B Grant of bail and review
- 57C Alteration of date to which sentencing deferred
- 57D When order deferring sentence may be revoked
- 57E Referral of offender to Supreme Court when that court made order deferring sentence
Division 2 - Adjournments, discharge or dismissal
- 58 Purpose of orders to adjourn, discharge or dismiss
- 59 Conditions of undertaking given by released offender
- 60 Released offender may be called on to appear
- 61 Discharge of order for release on adjournment
- 62 Breach of order for release on adjournment
- 63 Effect of certain orders
- 64 Compensation or restitution
PART 9 - Orders in addition to sentence Division 1 - Restitution
Division 2 - Compensation
Division 3 - Area restriction
PART 10 - Assessment, Treatment, Supervision and Restriction Orders
- 72 Court may make assessment order
- 73 What is an assessment order?
- 74 Termination of assessment order
- 75 Treatment order, supervision order and restriction order
- 76 What is a treatment order?
- 77 What is a restriction order?
- 77A What is a supervision order?
- 77B Principle on which courts are to act
- 78 Custody of admitted person
- 79 Effect of treatment order
- 79A Arrest of assessment order detainees who abscond
- 79B Arrest of detainees who flee the State
PART 11 - Sentencing procedure Division 1 - Preliminary matters
- 80 Parties may address court on sentence
- 81 Court may receive information before sentencing
- 81A Court may receive victim impact statement
- 82 Court may order pre-sentence report
- 83 Contents of pre-sentence report
- 84 Court may order mediation report
- 85 Contents of mediation report
- 86 Preparation of mediation report
- 87 Distribution of pre-sentence and mediation reports
- 88 Disputed pre-sentence and mediation reports
- 89 Disposal of other pending charges
- 89A Pre-sentence report includes rehabilitation program assessment
Division 2 - Sentencing and related matters
- 90 Time and place of sentencing
- 91 Sentence by another judge or magistrate
- 92 Court must explain certain orders
- 92A Certain matters to be specified when sentence of imprisonment imposed, confirmed or activated
- 93 Sentence not invalidated by failure to comply with procedural requirements
- 94 Correction of sentence
- 95 Appeal against sentence imposed on variation or breach
PART 12 - Miscellaneous
- 96 Disqualification of offender holding public office
- 97 Saving of royal prerogative of mercy
- 98 Penalty for offence may be remitted
- 99 Effect of alteration in statutory penalty
- 100 Old offence relevant in determining previous conviction
- 101 Abolition of common law bonds
- 102 Regulations
- 103 Section 103
- 104 Savings and transitional
- 104AA Transitional provision in relation to Sentencing Amendment (Fines Without Recording Convictions) Act 2017
- 104AB Savings and transitional provisions in relation to Sentencing Amendment (Phasing Out Of Suspended Sentences) Act 2017
- 104AC Transitional provision in relation to Justice Legislation Amendments (Criminal Responsibility) Act 2020
- 104A Validation and saving of certain orders
- 105 Penalties Remission Act 1934 repealed
- 106 Administration of Act SCHEDULE 1 SCHEDULE 2
[ Note: This table has been automatically generated and may be incomplete. ]