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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.]