Division 1Division 1 Setting terms of imprisonment
44 Court to set non-parole period
(1) When sentencing an offender to imprisonment for an offence, the court is first required to set a non-parole period for the sentence (that is, the minimum period for which the offender must be kept in detention in relation to the offence).(2) The balance of the term of the sentence must not exceed one-third of the non-parole period for the sentence, unless the court decides that there are special circumstances for it being more (in which case the court must make a record of its reasons for that decision).(3) The failure of a court to comply with subsection (2) does not invalidate the sentence.(4) Schedule 1 has effect in relation to existing life sentences referred to in that Schedule.
45 Court may decline to set non-parole period
(1) When sentencing an offender to imprisonment for an offence (other than an offence set out in the Table to Division 1A of this Part), a court may decline to set a non-parole period for the offence if it appears to the court that it is appropriate to do so:(a) because of the nature of the offence to which the sentence relates or the antecedent character of the offender, or(b) because of any other penalty previously imposed on the offender, or(c) for any other reason that the court considers sufficient.(2) If a court declines to set a non-parole period for a sentence of imprisonment, it must make a record of its reasons for doing so.(3) Subsection (2) does not limit any other requirement that a court has, apart from that subsection, to record the reasons for its decisions.(4) The failure of a court to comply with the requirements of subsection (2) with respect to a sentence does not invalidate the sentence.
46 Court not to set non-parole period for sentence of 6 months or less
A court may not set a non-parole period for a sentence of imprisonment if the term of the sentence is 6 months or less.
(1) A sentence of imprisonment commences:(a) subject to section 70 and to any direction under subsection (2), on the day on which the sentence is imposed, or(b) if the execution of the sentence is stayed under section 80, on the day on which the court decides whether or not to make a home detention order in relation to the sentence.(2) A court may direct that a sentence of imprisonment:(a) is taken to have commenced on a day occurring before the day on which the sentence is imposed, or(b) commences on a day occurring after the day on which the sentence is imposed, but only if the sentence is to be served consecutively (or partly concurrently and partly consecutively) with some other sentence of imprisonment.(3) In deciding whether or not to make a direction under subsection (2) (a) with respect to a sentence of imprisonment, and in deciding the day on which the sentence is taken to have commenced, the court must take into account any time for which the offender has been held in custody in relation to the offence to which the sentence relates.(4) The day specified in a direction under subsection (2) (b) must not be later than the day following the earliest day on which it appears (on the basis of the information currently available to the court) that the offender:(a) will become entitled to be released from custody, or(b) will become eligible to be released on parole,having regard to any other sentence of imprisonment to which the offender is subject.(5) A direction under subsection (2) (b) may not be made in relation to a sentence of imprisonment imposed on an offender who is serving some other sentence of imprisonment by way of full-time detention if:(a) a non-parole period has been set for that other sentence, and(b) the non-parole period for that other sentence has expired, and(c) the offender is still in custody under that other sentence.(6) A sentence of imprisonment starts at the beginning of the day on which it commences or is taken to have commenced and ends at the end of the day on which it expires.
48 Information about release date
(1) When sentencing an offender to imprisonment for an offence, a court must specify:(a) the day on which the sentence commences or is taken to have commenced, and(b) the earliest day on which it appears (on the basis of the information currently available to the court) that the offender will become entitled to be released from custody, or eligible to be released on parole, having regard to:(i) that and any other sentence of imprisonment to which the offender is subject, and(ii) the non-parole periods (if any) for that and any other sentence of imprisonment to which the offender is subject.Note. Example No 1: A court sentences an offender to 7 days’ imprisonment. The sentence is imposed on a Monday. The court has not set a non-parole period. The offender is not subject to any other sentence of imprisonment. In this example, the court should specify that the sentence commences on the Monday on which it is imposed and that the earliest day on which the offender will become entitled to be released from custody is the following Sunday.Example No 2: A court sentences an offender to 12 months’ imprisonment. The sentence is imposed on 5 May 2000. The court has set a non-parole period of 9 months. The offender is not subject to any other sentence of imprisonment. Because the offender has been remanded in custody for sentencing since 27 April 2000, the court has backdated the commencement of the sentence to that date. In this example, the court should specify that the sentence is taken to have commenced on 27 April 2000 and that the earliest date on which the offender will become entitled to be released on parole is 26 January 2001.
Example No 3: A court sentences an offender to 2 years’ imprisonment. The sentence is imposed on 3 June 2000. The court has set a non-parole period of 18 months. The offender is subject to one other sentence of imprisonment in respect of which the offender will become eligible to be released on parole on 21 September 2000. The court has directed that the new sentence is to run consecutively with the other sentence. In this example, the court should specify that the sentence commences on 22 September 2000 and that the earliest date on which the offender will become eligible to be released on parole is 21 March 2002.
(2) The purpose of this section is to require a court to give information about the likely effect of a sentence.(3) The failure of a court to comply with the requirements of this section with respect to a sentence does not invalidate the sentence.
49 Restriction on term of sentence
The term of a sentence of imprisonment:(a) must not be more than the maximum term of imprisonment that may be imposed for the offence, and(b) must not be less than the shortest term of imprisonment (if any) that must be imposed for the offence.
50 Making of parole orders by court
(1) When a court imposes a sentence of imprisonment for a term of 3 years or less, being a sentence that has a non-parole period, the court must make an order directing the release of the offender on parole at the end of the non-parole period.(2) A parole order may be made under this section even though at the time it is made it appears that the offender may not be eligible for release at the end of the non-parole period because of some other sentence to which the offender is subject.(3) The failure of a court to comply with the requirements of this section with respect to a sentence does not invalidate the sentence.
51 Conditions on parole orders
(1) A court may impose such conditions as it considers appropriate on any parole order made by it.(1A) The conditions of a parole order may include conditions requiring that the offender to whom the order relates be subject to supervision prescribed by the regulations under the Crimes (Administration of Sentences) Act 1999 during the period specified by or under the order or those regulations.(1AA) If, in making a parole order, the court does not impose any such conditions in relation to the supervision of the offender, the parole order is, unless the court expressly states that the offender is not to be subject to supervision, taken to include conditions requiring that the offender be subject to supervision prescribed by the regulations under the Crimes (Administration of Sentences) Act 1999 while released on parole.(1B) Despite subsections (1A) and (1AA):(a) the conditions of a parole order with respect to a sentence of imprisonment to be served by way of periodic detention are not to include conditions requiring that the offender be subject to supervision, and(b) if an offender subsequently serves a sentence by way of periodic detention, any condition of the parole order that requires the offender to be subject to supervision ceases to have effect.(2) The conditions imposed by the court must not be inconsistent with the standard conditions imposed by the regulations under the Crimes (Administration of Sentences) Act 1999.
51A Conditions of parole as to non-association and place restriction
(1) The conditions to which a parole order is subject may include either or both of the following:(a) provisions prohibiting or restricting the offender from associating with a specified person,(b) provisions prohibiting or restricting the offender from frequenting or visiting a specified place or district.(2) A condition referred to in subsection (1) (a) or (b) is suspended:(a) while the offender is in lawful custody (otherwise than while unescorted as referred to in section 38 (2) (a) of the Crimes (Administration of Sentences) Act 1999), and(b) while the offender is under the immediate supervision of a public servant employed within the Department of Juvenile Justice pursuant to a condition of leave imposed under section 24 of the Children (Detention Centres) Act 1987.(3) An offender does not contravene a prohibition or restriction as to his or her association with a specified person:(a) if the offender does so in compliance with an order of a court, or(b) if, having associated with the person unintentionally, the offender immediately terminates the association.(4) An offender does not contravene a requirement not to frequent or visit a specified place or district if the offender does so in compliance with an order of a court.
51B Certain information not to be published or broadcast
(1) A person must not publish or broadcast:(a) the fact that a named person (other than the offender) is specified in a condition of a parole order referred to in section 51A (1) (a), or(b) any information calculated to identify any such person.Maximum penalty: 10 penalty units.
(2) Subsection (1) does not apply to the disclosure of information to any of the following persons:(a) the offender,(b) any person specified in the parole order as a person with whom the offender is prohibited or restricted from associating,(c) any member of the Police Service,(d) any person involved in the administration of the parole order or of any penalty to which the offender is subject while on parole,(e) any person involved in proceedings for an alleged breach of the parole order,(f) any other person specified in the parole order as a person to whom such information may be disclosed,(g) any other person to whom such information is required to be disclosed pursuant to any other Act or law,and does not apply to the publication or broadcasting of an official report of the proceedings of the court.
(1) If an appeal is made against a conviction or sentence, the court determining the appeal:(a) may vary or rescind any non-parole period set by the sentencing court, or(b) may set a non-parole period for a sentence of imprisonment for which a non-parole period has not been set by the sentencing court.(2) Any non-parole period that is varied or set under this section must comply with the requirements of this Division.(3) This section does not limit any other power of a court in determining an appeal.
53 Multiple sentences of imprisonment
(1) When a court imposes more than one sentence of imprisonment on an offender, the court must comply with the requirements of this Division in relation to each sentence.(2) The term, and any non-parole period, set under this Division in relation to a sentence of imprisonment is not revoked or varied by a later sentence of imprisonment that the same or some other court subsequently imposes in relation to another offence.
This Division does not apply to the sentencing of an offender:(a) to imprisonment for life or for any other indeterminate period, or(b) to imprisonment under the Fines Act 1996 or the Habitual Criminals Act 1957, or(c) to detention under the Mental Health (Forensic Provisions) Act 1990.