SENTENCING ACT 1995
Table of Provisions
PART 1 -- Preliminary
PART 2 -- General matters
Division 1 -- Sentencing principles
- 6 Principles of sentencing
- 7 Aggravating factors
- 8 Mitigating factors
- 9AA Plea of guilty, sentence may be reduced in case of
Division 2A -- Sentencing where declared criminal organisations involved
- 9A Terms used
- 9B Application of this Division
- 9C Principal objectives of sentencing for offences where declared criminal organisation involved
- 9D Mandatory minimum sentences where declared criminal organisation involved
- 9E Section 9D not applicable to persons aged under
- 9F Further provisions relating to mandatory minimum sentences imposed under section 9D
9G. Eligibility for parole
Division 2 -- Miscellaneous
- 9 Statutory penalty, effect of
- 10 Change of statutory penalty, effect of
- 11 Person not to be sentenced twice on same evidence
- 12 Common law bonds abolished
PART 3 -- Matters preliminary to sentencing
Division 1 -- Preliminary
Division 2 -- General
- 14 M Offender to be present for sentencing
- 14A Video link, use of for sentencing
- 15 Court may inform itself as it thinks fit
- 16 Adjourning sentencing
- 17 Court’s powers on adjourning
- 18 Committal for sentence
Division 3 -- Information about the offender
- 20 Pre-sentence report, court may order
- 21 Pre-sentence report, content of
- 22 Pre-sentence report, preparation of
- 23 Offender’s time in custody etc., information about
Division 4 -- Information about victims etc.
- 23A Terms used
- 24 Victim impact statement, who may give
- 25 Victim impact statement, content of
- 26 Court’s functions in relation to victim impact statement
Division 5 -- Mediation
- 27 Mediation report, court may order and receive
- 28 Mediation report, content of
- 29 Mediation report, preparation of
- 30 Mediation report, court’s powers as to
Division 6 -- Other pending charges
- 31 Term used: pending charge
- 32 Pending charges, offender may request court to deal with
- 33 Pending charges, court may deal with
PART 3A -- Pre-sentence order
Division 1 -- General
- 33A When PSO may be made
- 33B PSO, nature of
- 33C Making a PSO
- 33D PSO, standard obligations of
- 33E PSO, primary requirements of
- 33F Supervision requirement
- 33G Programme requirement
- 33H Curfew requirement
- 33HA Electronic monitoring requirement
- 33I Performance reports about offenders on PSOs
- 33J Sentencing day, offender to be sentenced on etc.
- 33K Sentencing offender after PSO
Division 2 -- Amending and enforcing PSOs
- 33L Term used: requirement
- 33M Application to amend or cancel PSO
- 33N Court may confirm, amend or cancel PSO
- 33O Re-offending while subject to PSO, consequences of
- 33P Breach etc. of PSO, powers of CEO (corrections) and court
- 33Q Facilitation of proof
PART 4 -- The sentencing process
- 34 M Explanation of sentence
- 35 Reasons for imprisonment to be given in some cases
- 36 Warrant of commitment to be issued if imprisonment imposed
- 37 Correction of sentence
- 37A Offender reneging on promise to assist authorities may be re-sentenced
- 38 Imprisonment by JPs, magistrate to review
PART 5 -- Sentencing options
- 39 Natural person, sentences for
- 40 Body corporate, sentences for
- 41 If statutory penalty is imprisonment only: sentencing options
- 42 If statutory penalty is imprisonment and fine: sentencing options
- 43 If statutory penalty is imprisonment or fine: sentencing options
- 44 If statutory penalty is fine only: sentencing options
- 45 Spent conviction order, making and effect of
PART 6 -- Release of offender without sentence
- 46 Release without sentence
PART 7 -- Conditional release order
- 47 When CRO may be imposed
- 48 CRO, nature of
- 49 CRO, requirements of
- 50 Court may direct offender to re-appear
- 51 Ensuring compliance with CRO
- 52 Enforcing CRO
PART 8 -- Fine
- 53 Considerations when imposing fine
- 54 One fine for 2 or more offences
- 55 Apportionment of fine between joint offenders
- 56 Assault victim may be awarded fine
- 57 Enforcement of fine
- 57A Enforcement of fine by means of WDO
- 57B Court may cancel s. 57A order on application of Fines Enforcement Registrar
- 58 Imprisonment until fine paid
- 59 Imprisonment if fine not paid
- 60 Application of fine etc.
PART 8A -- Suspended fine
- 60A When fine may be suspended
- 60B Effect of suspending fine
- 60C Re-offender may be dealt with or committed
- 60D Alleging re-offending in court
- 60E How re-offender to be dealt with
PART 9 -- Community based order
- 61 Pre-sentence report optional before imposing CBO
- 62 CBO, nature of
- 63 CBO, standard obligations of
- 64 CBO, primary requirements of
- 65 Supervision requirement
- 66 Programme requirement
- 67 Community service requirement
- 67A Electronic monitoring requirement
PART 10 -- Intensive supervision order
- 68 Pre-sentence report mandatory before imposing ISO
- 69 ISO, nature of
- 70 ISO, standard obligations of
- 71 Supervision requirement
- 72 ISO, primary requirements of
- 73 Programme requirement
- 74 Community service requirement
- 75 Curfew requirement
- 76A Electronic monitoring requirement
PART 11 -- Suspended imprisonment
- 76 When imprisonment may be suspended
- 77 Effect of suspending imprisonment
- 78 Re-offender may be dealt with or committed
- 79 Re-offending, alleging in court
- 80 How re-offender to be dealt with
PART 12 -- Conditional suspended imprisonment
Division 1 -- Imposition and effect of CSI
- 81 Certain courts may suspend imprisonment conditionally
- 82 Effect of CSI
- 83 CSI, standard obligations of
- 84 CSI, primary requirements of
- 84A Programme requirement
- 84B Supervision requirement
- 84C Curfew requirement
- 84CA Electronic monitoring requirement
Division 2 -- Consequences of re-offending
- 84D Re-offender may be dealt with or committed
- 84E Re-offending, alleging in court
- 84F How re-offender to be dealt with
Division 3 -- Amending, cancelling and enforcing CSI requirements
- 84G Term used: CSI requirement
- 84H Application to amend or cancel CSI requirement
- 84I Court may confirm, amend or cancel CSI requirement
- 84J Breach of CSI requirement, offence
- 84K Offence under s. 84J, procedure and penalty for
- 84L Additional powers to deal with s. 84J offender
- 84M Facilitation of proof
Division 4 -- Functions of speciality courts as to CSI
- 84N Application of this Division
- 84O Speciality court may direct offender on CSI to appear
- 84P Speciality court to deal with re-offender
- 84Q Speciality court to deal with application to amend or cancel CSI
- 84R Speciality court to deal with proceedings for breaches
PART 13 -- Imprisonment
Division 1 -- Preliminary
- 85 Terms used and calculations
Division 2 -- Imposing imprisonment
- 86 Term of 6 months or less not to be imposed
- 87 Time on remand may be taken into account
- 88 Concurrent, cumulative or partly cumulative terms
- 89 Parole eligibility order, court may make
- 90 Life imprisonment for murder, imposing
Division 3 -- Release from imprisonment
- 93 Release from parole term
- 94A Release on parole of prisoners subject to Prisoners (Interstate Transfer) Act 1983
- 94 Aggregation of parole terms for certain purposes
- 95A Eligibility for parole where certain mandatory minimum sentences imposed
- 95 Release from fixed term that is not parole term
- 96 Release from life imprisonment
Division 4 -- Miscellaneous
PART 14 -- Indefinite imprisonment
- 98 Indefinite imprisonment, superior court may impose
- 99 Other terms not precluded by indefinite imprisonment
- 100 When indefinite imprisonment commences
- 101 Release from indefinite imprisonment
PART 15 -- Other orders forming part of a sentence
Division 1 -- General matters
- 102 General provisions
- 103 Disqualification order, calculation of term of
- 104 Disqualification may be for life
Division 2 -- Disqualification orders
- 105 Driver’s licence disqualification
- 106 Firearms licence etc. disqualification
- 107 Marine qualification disqualification
- 108 Passport, surrender of etc.
PART 16 -- Reparation orders
Division 1 -- General matters
- 109 Term used: reparation order
- 110 General provisions
- 111 Making a reparation order
- 112 Facts relevant to making reparation order
- 113 Victim’s behaviour and relationship relevant
- 114 Civil standard of proof applies
- 114A Victim may appeal against refusal of reparation order
- 115 Effect of reparation order on civil proceedings etc.
Division 2 -- Compensation order
- 116 Terms used
- 117 Compensation order in favour of victim
- 118 Compensation order in favour of third party
- 119 Enforcing compensation order
- 119A Imprisonment until compensation paid, court may order
Division 3 -- Restitution order
- 120 Making restitution order
- 120A Enforcing restitution order, Sheriff’s powers for
- 121 Enforcing restitution order, court’s powers for
- 122 Non-compliance with restitution order, offence
PART 17 -- Other orders and declarations not forming part of a sentence
Division 1 -- Preliminary
Division 2 -- Orders made under other Acts
Division 3 -- Declarations
- 124D Terms used
- 124E Serial family violence offenders
- 124F Serial family violence offender declaration -- related matters
- 124G Disqualification if declaration made
PART 18 -- Amending and enforcing conditional release orders and community orders
Division 1 -- Preliminary
- 125 Term used: requirements; and interpretation
Division 2 -- Amending or cancelling conditional release orders and community orders
- 126 Application to amend or cancel
- 127 Court may confirm, amend or cancel
Division 3 -- Re-offending while subject to a conditional release order or a community order
- 128 Re-offender may be dealt with or committed
- 129 Re-offending, alleging in court
- 130 How re-offender may be dealt with
Division 4 -- Breaching a conditional release order or a community order
- 131 Breach of requirement, offence
- 132 Offence under s. 131, procedure and penalty for
- 133 Additional powers to deal with s. 131 offender
Division 5 -- Miscellaneous
- 134 Facilitation of proof
- 135 Compliance with CRO or community order to be taken into account
- 136 Re-sentencing, court’s powers for
Division 6 -- Functions of speciality courts
- 136A Application of Division
- 136B Term used: court
- 136C Court may direct offender on community order to appear
- 136D Court to deal with re-offender
- 136E Court to deal with application to amend or cancel community order
- 136F Court to deal with proceedings for breaches
PART 18A -- Review of conditional orders
- 136G Terms used
- 136H Application to review
- 136I Court may confirm, amend or cancel
PART 19 -- Royal Prerogative of Mercy
- 137 Royal Prerogative of Mercy not affected
- 138 Pardon, effect of
- 139 Order to pay money, Governor may remit
- 140 Petition for mercy may be referred to Court of Appeal
- 141 Offender may be paroled
- 142 Strict security life imprisonment, exercise of Prerogative in case of
PART 20 -- Miscellaneous
- 143 Guideline judgments by Court of Appeal
- 143A Sentencing guidelines for courts of summary jurisdiction
- 144 Chief Justice may report to Parliament
- 145 Non-compliance with procedural requirements, effect of
- 145A Existence of circumstances of aggravation is question for judge to determine
- 146 Questions of fact in superior courts
- 147 Operation of other Acts not affected
- 147A Monitoring requirements: additional provisions
- 148 Regulations
- 149 Rules of court
PART 21 -- Transitional and review provisions
- 150A Sentencing Amendment Act 2012 amendments, application of
- 150AB Application of Sentencing Legislation Amendment Act 2016 amendments about circumstances of aggravation
- 150B Review of s. 9AA
- 150 Review of Act
- 151 Review of amendments made by Family Violence Legislation Reform Act 2020