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Sentencing Act 2007 (NI)
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Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2015Q00235
18 June 2015
-
30 June 2016
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Norfolk Island
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Table of contents
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PART 1 – PRELIMINARY
Short title
Commencement
Interpretation
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PART 2 – GENERAL PRINCIPLES
Sentencing guidelines
Factors to be considered in determining offender’s character
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PART 3 – SENTENCES
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Division 1 – General
Sentencing and other orders
Conviction or non-conviction
Division 2 – Dismissals, Discharges and Bonds
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Subdivision 1 – General
Purpose of orders under this Division
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Subdivision 2 – Release without Conviction
Unconditional dismissal
Release on bond without conviction
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Subdivision 3 – Release on Conviction
Unconditional discharge
Release on bond following conviction
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Subdivision 4 – Variation and Breach of Orders for Release on Bond
Variation of order for release on bond
Breach of order for release on bond
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Division 3 – Fines
Power to fine
Exercise of power to fine
Aggregate fines
Time for payment of fine
Application of fine,
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Division 4 – Community service orders
Interpretation for this Division
Imposition of community service orders
Court not to impose community service order in certain cases
Court may make community service order only with consent, etc
Court to specify period in which community service work is to be performed
Appointment, etc, of supervisors 27. (1) For the purpose of this Act the Minister may by notice in the Gazette appoint a person to be the supervisor for the purposes of this division. (2) The supervisor may delegate his authority under this division to police officers, custodial officers or gaolers but not this power of delegation. (3) If no supervisor is appointed under subsection (1) the officer in charge shall be the supervisor. (4) Where the supervisor delegates his authority to more than one person under subsection (2), each of those persons is a supervisor. (5) The Minister may make Regulations for the administration of community service orders and work to be performed under such orders including the establishment of community projects and work requirements appropriate for such orders. Service worker to present to supervisor 28. Where a court makes a community service order, it shall specify in that order a period within which the service worker shall present himself to a supervisor.
Court may specify conditions in community service order to be complied with
Court to explain community service order to convicted person
Copies of community service order to be served on certain persons
Work to be performed under community service order
Supervisor to have regard to certain matters
Period in respect of which community service order remains in force
Revocation, etc, of community service orders
Further offences by service worker
Failure to comply with community service order
Work under community service order to be taken into account, etc
Division 5 – Custodial Orders
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Subdivision 1 – Suspended Sentences of Imprisonment
Suspended sentence of imprisonment
Effect of suspended sentence
Variation of order conditionally suspending sentence
Breach of order suspending sentence
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Subdivision 2 – Home Detention Orders
Home detention order
Circumstances in which home detention order may be made
Where more than one home detention order made
Review of home detention order
Breach of home detention order
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Subdivision 3 - Periodic detention
Definitions
Power to order periodic detention
Core conditions
Circumstances in which periodic detention order may be made
Detainee taken to be in lawful custody
Periodic detention - concurrent and cumulative sentences
Notice to detainee
Commencement of sentence
Service of sentence
Work, etc
Variation of days of attendance
Variation of times of attendance
Officer in charge to give notice
Commencement of certain orders
Effect of complying with certain orders
Detainee unfit for detention
Leave of absence
Extension of detention
Variation of sentence on compassionate grounds
Directions
Detainee not an employee
Cancellation on subsequent conviction
Cancellation otherwise than on subsequent conviction
Certain effects of cancellation of order for periodic detention
Conditional release
Escape from detention
Offences
Delegation by officer in charge
Declaration of centres
Custodial officers
Powers and duties of officers
Entitlements of detainees
Discipline
Clothing and body searches
Use of force
Medical treatment
Inspection of centres
Offences by persons other than detainees
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Subdivision 4 – Imprisonment
Term of imprisonment where none prescribed
Imprisonment to be served concurrently unless otherwise ordered
Cumulative orders of imprisonment
Aggregate sentences of imprisonment
Imprisonment for life HYPERLINK \l "_Hlk240770423" \s "1,111441,111444,4094,New Section Heading,90." 90. (1) A person sentenced to imprisonment for life is, subject to subsection (2), to serve that sentence for the term of the person’s natural life. (2) Despite subsection (1) and any other law, if an offender is liable to imprisonment for life, a court may nevertheless impose a sentence of imprisonment for a stated term.
Non-parole periods for crime of murder
Commencement of sentences of imprisonment
Calculation of term of imprisonment
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Division 7 – Imprisonment for violent offences
Imprisonment for violent offences
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Division 8 – Imprisonment for sexual offences
Imprisonment for sexual offences
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PART 4 – ORDERS IN ADDITION TO SENTENCE
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Division 1 – Restitution and Compensation Orders
Application of this Division
Orders for restitution and compensation
Reimbursement of costs of restoring property, etc
Making of order
124. Application for order
Form of order
Imprisonment for breach of order
Extension of time of order
Payment of compensation by instalment
Application by person against whom order made
Orders not to affect other rights
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Division 2 – Other Orders
Cancellation of driver’s licence
Passport orders
Forfeiture of property orders
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PART 5 – MAKING OF SENTENCING AND OTHER ORDERS
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Division 1 – Conditional Orders
Condition of order to undertake treatment program
Consent of offender to conditional order
Explanation of orders
Division 2 – Information and Reports before Passing Sentence
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Subdivision 1 – Information, Reports,
Assessment of offender before certain orders made
Information before passing sentence or making order
Court may order pre-sentence report
Contents of pre-sentence report
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Subdivision 2 – Victim Impact Statements and Victim Reports
Definitions
Victim impact statements and victim reports
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Division 3 – Taking Other Charges into Account
Disposal of other pending charges
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Division 4 – Passing of Sentence
Time and place of sentence
Sentence by another Judge or Magistrate
Sentences not invalidated by failure to comply with procedural requirements
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PART 6 - PAROLE
Definitions
(2) Unless otherwise provided by Regulation― (a) the powers and duties of a Board under this Part may, where a parole order is made in respect of a person sentenced to a term of imprisonment under this Act or another enactment of Norfolk Island, be exercised by the Parole Authority of New South Wales established by the Crimes (Administration of Sentences) Act 1999 and the practices and procedures (including prescribed forms of order or warrant) of that Authority as are not inconsistent with the provisions of this Part may be exercised or applied by that Authority in exercise of its powers under this Part; (b) the Parole Authority of New South Wales is a designated authority. Evidentiary
Functions of Board
Reports
Release on parole after service of non-parole period
Persons on parole deemed still under sentence
Cancellation of parole
Prisoners may be released on parole more than once
Board to inform Registrar of parole orders
Requests for registration of transferred parole orders
Documents to accompany requests
Regard for interests of parolee
Effect of registration
Effect of transfer of parole order
Evidence
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PART 7 – CORRECTION OF SENTENCES
Correction of sentences by Supreme Court
Court may reopen proceeding to correct sentencing errors
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PART 8 – APPEALS AGAINST SENTENCE IMPOSED ON VARIATION OR BREACH
Appeal against sentence imposed on variation or breach
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PART 9 – MISCELLANEOUS
Offender to be present when sentence imposed
Fine in addition to or instead of imprisonment
Lesser sentence may be imposed
Effect of alterations in penalties
Jurisdiction of Court of Petty Sessions
Old offences relevant in determining previous convictions
Abolition of common law bonds
Procedural rules and regulations
Facilitation of proof
Service of documents, etc
Regulations
Repeal
Savings and transitional
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3