New South Wales Consolidated Acts

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CRIMES (SENTENCING PROCEDURE) ACT 1999 - As at 26 September 2019 - Act 92 of 1999


           Long Title


   1.      Name of Act
   2.      Commencement
   3.      Interpretation
   3A.     Purposes of sentencing


           Division 1 - General

   4.      Penalties generally
   4A.     Domestic violence offenders--requirement for full-time detention or supervision
   4B.     Domestic violence offenders--protection and safety of victims

           Division 2 - Custodial sentences

   5.      Penalties of imprisonment
   5A.     Compulsory drug treatment detention
   6.      (Repealed)
   7.      Intensive correction orders

           Division 3 - Non-custodial alternatives

   8.      Community correction orders
   9.      Conditional release orders
   10.     Dismissal of charges and conditional discharge of offender
   10A.    Conviction with no other penalty
   11.     Deferral of sentencing for rehabilitation, participation in an intervention program or other purposes
           12, 13. (Repealed)

           Division 4 - Fines

   14.     (Repealed)
   15.     Fines as an additional or alternative penalty to imprisonment for offences dealt with on indictment
   16.     Fines for bodies corporate for offences punishable by imprisonment only
   17.     Penalty units

           Division 4A - Non-association and place restriction orders

   17A.    Non-association and place restriction orders

           Division 4B - Assessment reports

   17B.    Definition of and provisions relating to "assessment report"
   17C.    Request for assessment report
   17D.    Requirement for assessment report

           Division 4C - Provisions relating to certain orders

   17E.    Definitions
   17F.    Multiple orders
   17G.    Community service work conditions under multiple orders
   17H.    Curfew conditions under multiple orders
   17I.    Explanation of relevant order to offender
   17J.    Notice of relevant order to be given

           Division 5 - Miscellaneous

   18.     Interpretation of provisions imposing penalties
   19.     Effect of alterations in penalties
   20.     No double jeopardy


           Division 1 - General

   21.     General power to reduce penalties
   21A.    Aggravating, mitigating and other factors in sentencing
   22.     Guilty plea to be taken into account for offences not dealt with on indictment
   22A.    Power to reduce penalties for facilitating the administration of justice
   23.     Power to reduce penalties for assistance provided to law enforcement authorities
   24.     Court to take other matters into account
   24A.    Mandatory requirements for supervision and other prohibitions to be disregarded in sentencing
   24B.    Confiscation of assets and forfeiture of proceeds of crime to be disregarded in sentencing
   24C.    Loss of parliamentary pension to be disregarded in sentencing
   25.     Local Court not to impose certain penalties if offender is absent
   25AA.   Sentencing for child sexual offences

           Division 1A - Sentencing discounts for guilty pleas to indictable offences

   25A.    Application of Division
   25B.    Definitions
   25C.    Timing of pleas and notice requirements
   25D.    Sentencing discounts for guilty plea for offences dealt with on indictment
   25E.    Sentencing discounts to apply in certain cases where guilty plea offer made for different offences and refused when made
   25F.    Other provisions applying to sentencing discount

           Division 2 - Victim impact statements

              Subdivision 1 - Preliminary

   26.     Definitions
   27.     Application of Division

              Subdivision 2 - Preparation of statements

   28.     Contents of victim impact statements
   29.     Formal requirements for victim impact statements
   30.     Victim may be assisted

              Subdivision 3 - Consideration of statements by court

   30A.    Tendering of victim impact statements
   30B.    Receipt of victim impact statement by court
   30C.    Victim may object to tendering of victim impact statement
   30D.    Reading out of statement
   30E.    How court uses victim impact statements
   30F.    Restrictions on consideration of victim impact statements not made in accordance with Division
   30G.    Access to victim impact statements prior to sentencing hearing

              Subdivision 4 - Special provisions relating to the reading of statements

   30H.    Victims are entitled to have a support person present
   30I.    Victims who are entitled to give evidence in closed court may also read their victim impact statements in closed court
   30J.    Victims who are entitled to give evidence by CCTV may also read their victim impact statements by CCTV
   30K.    Other victims may read their victim impact statements in closed court or by CCTV with leave of court

              Subdivision 5 - Special provisions regarding forensic patients

   30L.    Victim impact statements where verdict of not guilty by reason of mental illness or limited finding of guilt
   30M.    Submissions by designated carers and principal care providers
   30N.    Victim impact statements in mental health and cognitive impairment forensic proceedings

           Division 3 - Taking further offences into account

   31.     Definitions
   32.     Prosecutor may file list of additional charges
   33.     Outstanding charges may be taken into account
   34.     Ancillary orders relating to offences taken into account
   35.     Consequences of taking offences into account
   35A.    Consultation with victim and police in relation to charge negotiations

           Division 4 - Sentencing guidelines

   36.     Definitions
   37.     Guideline judgments on application of Attorney General
   37A.    Guideline judgments on own motion
   37B.    Review, variation and revocation of guideline judgments
   38.     Senior Public Defender may intervene
   39.     Director of Public Prosecutions may intervene
   39A.    Attorney General may intervene
   40.     Discretion of Court preserved
   41.     Rules of court
   42.     Use of evidence in giving guideline judgments
   42A.    Relationship of guidelines and other sentencing matters

           Division 5 - Correction and adjustment of sentences

   43.     Court may reopen proceedings to correct sentencing errors


           Division 1 - Setting terms of imprisonment

   44.     Court to set non-parole period
   45.     Court may decline to set non-parole period
   46.     Court not to set non-parole period for sentence of 6 months or less
   47.     Commencement of sentence
   48.     Information about release date
   49.     Restriction on term of sentence
           50-51B. (Repealed)
   52.     Court's powers on appeal
   53.     Multiple sentences of imprisonment
   53A.    Aggregate sentences of imprisonment
   53B.    Limitation on aggregate sentences imposed by Local Court
   54.     Exclusions from Division

           Division 1A - Standard non-parole periods

   54A.    What is the standard non-parole period?
   54B.    Consideration of standard non-parole period in sentencing
   54C.    Court to give reasons if non-custodial sentence imposed
   54D.    Exclusions from Division
   Table.  Standard non-parole periods

           Division 2 - Concurrent and consecutive sentences

   55.     Sentences for offences generally
   56.     Sentences for offences involving assault by convicted inmate
   57.     Sentences for offences involving escape by inmates
   58.     Limitation on consecutive sentences imposed by Local Court
   59.     Court may vary commencement of sentence on quashing or varying other sentence
   60.     Application of Division to interstate sentences of imprisonment

           Division 2A - Provisional sentencing for child offenders

   60A.    Definitions
   60B.    Power to impose provisional sentence
   60C.    Case plan to be provided
   60D.    Effect of provisional sentence
   60E.    Progress reviews
   60F.    Progress reports to be provided by person responsible for detention of an offender
   60G.    Final sentence
   60H.    Time limit for imposition of final sentence
   60I.    Appeals

           Division 3 - Miscellaneous

   61.     Mandatory life sentences for certain offences
   62.     Warrant of commitment
   63.     Offenders to be photographed and fingerprinted


           Division 1 - Preliminary

   64.     Application
   65.     Definition

           Division 2 - Restrictions on power to make intensive correction orders

   66.     Community safety and other considerations
   67.     Intensive correction order not available for certain offences
   68.     Intensive correction orders not available where imprisonment exceeds limits
   69.     Assessment of suitability of offender for intensive correction order

           Division 3 - Term and commencement

   70.     Term of intensive correction order
   71.     Commencement of intensive correction order

           Division 4 - Conditions

   72.     Conditions generally
   73.     Standard conditions
   73A.    Additional conditions
   73B.    Further conditions

   PART 6 - (Repealed)


           Division 1 - Preliminary

   84.     Application

           Division 2 - Term and commencement

   85.     Term of community correction order
   86.     Commencement of community correction order

           Division 3 - Conditions

   87.     Conditions generally
   88.     Standard conditions
   89.     Additional conditions
   90.     Further conditions
   91.     Power of court in dealing with applications
           92, 93. (Repealed)


           Division 1 - Preliminary

   94.     Application

           Division 2 - Term and commencement

   95.     Term of conditional release order
   96.     Commencement of conditional release order

           Division 3 - Conditions

   97.     Conditions generally
   98.     Standard conditions
   99.     Additional conditions
   99A.    Further conditions
   100.    Power of court in dealing with applications


   100A.   Non-association and place restriction orders not to restrict certain associations or activities
   100B.   Explanation of non-association and place restriction orders to offenders
   100C.   Commencement of non-association and place restriction orders
   100D.   Suspension of non-association and place restriction orders while offenders in custody
   100E.   Contravention of non-association and place restriction orders
   100F.   Variation or revocation of non-association and place restriction orders following subsequent conviction
   100G.   Variation or revocation of non-association and place restriction orders on application
   100H.   Certain information not to be published or broadcast


   100I.   Constitution of New South Wales Sentencing Council
   100J.   Functions of Sentencing Council
   100K.   Committees of Sentencing Council
   100L.   Staff of Sentencing Council


           Division 1 - Preliminary

   100M.   Application

           Division 2 - Restrictions on power to make intervention program orders

   100N.   Suitability of offender for intervention program
   100O.   Referral of offender for assessment
   100P.   Explanation of intervention program order

           Division 3 - Enforcement of intervention program order

   100Q.   Procedure following failure to enter into agreement
   100R.   Proceedings for breach of order
   100S.   Consequences of revocation of order
   100T.   Right to decide not to participate in intervention program


   101.    Abolition of power of court concerning recognizances and sureties
   101A.   Effect of failure to comply with Act
   102.    Prerogative of mercy preserved
   103.    Regulations
   104.    Savings, transitional and other provisions
   105.    Review of Act
   106.    Review of Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002
   107.    Review of Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2

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