Australian Capital Territory Current Acts

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CRIMES (SENTENCING) ACT 2005 - SECT 12

Suspended sentences

    (1)     This section applies if—

        (a)     an offender is convicted of an offence; and

        (b)     the court sentences the offender to imprisonment for the offence.

    (2)     The court may make an order (a suspended sentence order ) suspending all or part of the sentence of imprisonment.

    (3)     If the court makes a suspended sentence order, the court must also make a good behaviour order for the period during which the sentence is suspended or for any longer period that the court considers appropriate.

Note     A suspended sentence order may be part of a combination sentence together with other sentencing options (see pt 3.6).

    (4)     If the court makes a suspended sentence order fully suspending the sentence of imprisonment, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to the offender.

Note 1     For notice of a partly suspended sentence of imprisonment, see s 84.

Note 2     For a young offender who is under 18 years old, the notice and order must also be given to a parent or person with parental responsibility (see s 133J).

    (5)     Failure to comply with subsection (4) does not invalidate the suspended sentence order.

    (6)     This section is subject to the following provisions:

        (a)     section 13 (Good behaviour orders);

        (b)     chapter 5 (Imprisonment);

        (c)     chapter 6 (Good behaviour orders).

    (7)     To avoid doubt, a sentence of imprisonment suspended under the custodial part of a drug and alcohol treatment order is not a suspended sentence order.



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