AustLII Tasmanian Consolidated Acts

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SENTENCING ACT 1997

- Act 59 of 1997
- Royal Assent 22 December 1997

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   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 -
           .  .  .  .  .  .  .  .  

   19.     Section 19
   20.     Section 20
   21.     Section 21
   22.     Section 22
   23.     Section 23

           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(Heading renumbered as 6AA by 17 of 1996, Applied 17/10/2010)

   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.     Section 49
   50.     Section 50
   51.     Amount in default reduced by imprisonment
   52.     Satisfaction of execution by payment
   53.     Enforcement of fine by civil process
   54.     Section 54

   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
   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.    Section 103
   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
           SCHEDULE 2

[ Note: This table has been automatically generated and may be incomplete. ]



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