FAMILY COURT ACT 1997 - SECT 205SG
FAMILY COURT ACT 1997 - SECT 205SG
205SG . Sentences of imprisonment — FLA s. 70NFG
(1) A sentence of
imprisonment imposed on a person under section 205SB(2)(e) is to be expressed
to be —
(a) for
a specified period of 12 months or less; or
(b) for
a period ending when the person —
(i)
complies with the order concerned; or
(ii)
has been imprisoned under the sentence for 12 months or
such lesser period as is specified by the court,
whichever happens
first.
(2) A court must not
sentence a person to imprisonment under section 205SB(2)(e) unless the court
is satisfied that, in all the circumstances of the case, it would not be
appropriate for the court to deal with the contravention under any of the
other paragraphs of section 205SB(2).
(3) If a court
sentences a person to imprisonment under section 205SB(2)(e), the court must
—
(a)
state the reasons why it is satisfied as mentioned in subsection (2); and
(b)
cause those reasons to be entered in the records of the court.
(4) The failure of a
court to comply with subsection (3) does not invalidate a sentence.
(5) A court that
sentences a person to imprisonment under section 205SB(2)(e) may —
(a)
suspend the sentence upon the terms and conditions determined by the court;
and
(b)
terminate a suspension made under paragraph (a).
(6) A court, when
sentencing a person to imprisonment under section 205SB(2)(e), may, if it
considers it appropriate to do so, direct that the person be released upon the
person entering into a bond described in subsection (7) after he or she has
served a specified part of the term of imprisonment.
(7) A bond for the
purposes of subsection (6) is a bond (with or without surety or security) that
the person will be of good behaviour for a specified period of up to 2 years.
(8) A court that has
sentenced a person to imprisonment for a period expressed as provided by
subsection (1)(b) may order the release of the person if it is satisfied that
the person will, if he or she is released, comply with the order concerned.
(9) To avoid doubt,
the serving by a person of a period of imprisonment under a sentence imposed
on the person under section 205SB(2)(e) for failure to make a payment under a
child maintenance order does not affect the person’s liability to make
the payment.
[Section 205SG inserted: No. 35 of 2006 s. 101.]