FAMILY COURT ACT 1997 - SECT 227

FAMILY COURT ACT 1997 - SECT 227

227 .         Sentences of imprisonment — FLA s. 112AE

        (1)         A sentence of imprisonment imposed on a person under section 226(3)(d) must 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 226(3)(d) 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 226(3).

        (3)         If a court sentences a person to imprisonment under section 226(3)(d), 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.

        (4a)         A court that sentences a person to imprisonment under section 226(3)(d) may —

            (a)         suspend the sentence upon the terms and conditions determined by the court; and

            (b)         terminate a suspension made under paragraph (a).

        (5)         A court, when sentencing a person to imprisonment under section 226(3)(d) 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 (6) after the person has served a specified part of the term of imprisonment.

        (6)         A bond for the purposes of subsection (5) 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.

        (7)         Without limiting the circumstances in which a court may discharge an order under section 231, a court that has sentenced a person to imprisonment for a period referred to in subsection (1)(b) may order the release of the person if it is satisfied that the person will, if released, comply with the order concerned.

        (8)         To avoid doubt, the serving by a person of a period of imprisonment under a sentence imposed on the person under section 226(3)(d) for failure to make a payment under a child maintenance order does not affect the person’s liability to make the payment.

        [Section 227 amended: No. 25 of 2002 s. 20; No. 35 of 2006 s. 54.]