Australian Capital Territory Current Acts

CRIMES (SENTENCING) ACT 2005 - SECT 64

    (1)     This part applies to the following:

        (a)     a sentence of imprisonment imposed by a court on an offender for an offence, other than an excluded sentence of imprisonment;

        (b)     full-time detention ordered under the Crimes (Sentence Administration) Act 2005

, section 65 (2) (b).

Note     Under the Crimes (Sentence Administration) Act 2005

, s 65 (2), an offender's intensive correction order may be cancelled, and a court may order any remaining sentence of the offender to be served by full-time detention.

    (2)     In this section:

"excluded sentence of imprisonment" means—

        (a)     a sentence of imprisonment that is fully suspended; or

        (b)     a sentence of imprisonment suspended under the custodial part of a drug and alcohol treatment order; or

        (c)     a sentence of imprisonment to be served by intensive correction; or

        (d)     a sentence of imprisonment imposed in default of payment of a fine; or

        (e)     a sentence of imprisonment imposed for an offence committed while in lawful custody; or

        (f)     a sentence of life imprisonment, other than a sentence—

              (i)     that was imposed by a court of a State or another Territory; and

              (ii)     in relation to which a parole order is registered under the Crimes (Sentence Administration) Act 2005

, section 167 (Parole order transfer—registration); or

        (g)     a sentence of imprisonment imposed on a young offender.

"fine"—see the Crimes (Sentence Administration) Act 2005

, section 116A.