Table Of Contents

Contents (1997 - 59)

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Division 3 - Repealed

19. Repealed

20. Repealed

21. Repealed

22. Repealed

23. Repealed

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. Repealed

50. Repealed

51. Amount in default reduced by imprisonment

52. Satisfaction of execution by payment

53. Enforcement of fine by civil process

54. Repealed

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

65. Restitution order

66. Enforcement of restitution order

Division 2 - Compensation

67. Interpretation of Division

68. Compensation order

69. Enforcement of compensation order

Division 3 - Area restriction

70. Area restriction order

71. Breach of area restriction order

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. Consequential amendments

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 - Consequential amendments

Schedule 2 - Savings and transitional

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Sentencing Act 1997

Version current from 20 April 2023 to 24 September 2023 (accessed 14 March 2025 at 10:03)

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Version current from 20 April 2023 to 24 September 2023 (accessed 14 March 2025 at 10:03)

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File last modified 16 December 2024

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