Crimes (Sentencing Procedure) Act 1999 No 92
Current version for 23 October 2014 to date (accessed 26 November 2014 at 20:58)
Part 5

Part 5 Sentencing procedures for intensive correction orders

Division 1 Preliminary

64   Application

This Part applies in circumstances in which a court is considering, or has made, an intensive correction order.

65   Definitions

In this Part:

assessment report means a report prepared under section 70.

offender’s obligations under an intensive correction order means the obligations that the offender has under section 82 of the Crimes (Administration of Sentences) Act 1999 as a consequence of the making of the order.

Division 2 Restrictions on power to make intensive correction orders

66   Intensive correction not available for certain sexual offences

(1)  An intensive correction order may not be made in respect of a sentence of imprisonment for a prescribed sexual offence or with respect to an aggregate sentence of imprisonment with respect to 2 or more offences, any one of which is a prescribed sexual offence.
(2)  In this section, prescribed sexual offence means:
(a)  an offence under Division 10 or 10A of Part 3 of the Crimes Act 1900, being:
(i)  an offence the victim of which is a person under the age of 16 years, or
(ii)  an offence the victim of which is a person of any age and the elements of which include sexual intercourse (as defined by section 61H of that Act), or
(b)  an offence that includes the commission of, or an intention to commit, an offence referred to in paragraph (a), or
(c)  an offence that, at the time it was committed, was a prescribed sexual offence within the meaning of this definition, or
(d)  an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b) or (c).

67   Suitability of offender for intensive correction order

(1)  An intensive correction order may not be made with respect to an offender’s sentence of imprisonment unless the court is satisfied:
(a)  that the offender is of or above the age of 18 years, and
(b)  that the offender is a suitable person to serve the sentence by way of intensive correction in the community, and
(c)  that it is appropriate in all of the circumstances that the sentence be served by way of intensive correction in the community, and
(d)  that the offender has signed an undertaking to comply with the offender’s obligations under the intensive correction order.
(2)  In deciding whether or not to make an intensive correction order, the court is to have regard to:
(a)  the contents of the assessment report on the offender (prepared under section 70), and
(b)  such evidence from the Commissioner of Corrective Services as the court considers necessary for the purpose of deciding whether to make such an order.
(3)  A court may, for any reason it considers sufficient, decline to make an intensive correction order despite the contents of the assessment report.
(4)  A court may make an intensive correction order with respect to an offender’s sentence of imprisonment only if the assessment report states that, in the opinion of the person making the assessment, the offender is a suitable person to serve the sentence by way of intensive correction in the community.
(5)  If a court declines to make an intensive correction order with respect to an offender’s sentence of imprisonment despite an assessment report that states that the offender is a suitable person to serve the sentence by way of intensive correction in the community, the court must indicate to the offender, and make a record of, its reasons for doing so.
(6)  A sentence of imprisonment is not invalidated by a failure to comply with subsection (5).

68   Concurrent and consecutive sentences

(1)  An intensive correction order may not be made in respect of a sentence of imprisonment (a new sentence) to be served concurrently or consecutively (or partly concurrently and partly consecutively) with any other sentence of imprisonment the subject of an intensive correction order (an existing sentence) if the date on which the new sentence will end is more than 2 years after the date on which it was imposed.
(2)  Any period for which an existing sentence has been extended under this or any other Act is to be disregarded for the purposes of this section.
(3)  This section does not limit the operation of section 58.

Division 3 Assessment reports

69   Referral of offender for assessment

(1)  Before imposing a sentence of imprisonment on an offender, the court may refer the offender for assessment as to the suitability of the offender for intensive correction in the community.
(2)  A court is not to refer an offender for such an assessment unless satisfied, having considered all the alternatives, that no sentence other than imprisonment is appropriate and that the sentence is likely to be for a period of no more than 2 years.

70   Assessment of suitability

(1)  When an offender is referred for assessment, the Commissioner of Corrective Services is to investigate and report to the court on the matters referred to in section 67 (1) and such other matters as the regulations may require.
(2)  An offender’s assessment report:
(a)  must take into account, and specifically address, the matters prescribed by the regulations, and
(b)  may indicate the nature of any conditions that it would be appropriate for the court to impose on an intensive correction order if such an order is made.
(3)  The regulations may make provision for or with respect to the conduct of investigations and the preparation of reports for the purposes of this Part.

Division 4 Miscellaneous

71   Commencement of sentence

(1)  Having made an intensive correction order in relation to a sentence of imprisonment, a court is to fix the date of commencement of the sentence so that the date of commencement is no later than 21 days after the date on which the order was made.
(2)  Subsection (1) does not apply to a sentence of imprisonment that is to be served consecutively (or partly concurrently and partly consecutively) with some other sentence of imprisonment the subject of an intensive correction order.
(3)  An intensive correction order is not invalidated merely because it specifies a date of commencement of the sentence of imprisonment that does not comply with the requirements of this section.

72   Explanation of intensive correction order to offender

(1)  Having made an intensive correction order in relation to an offender’s sentence of imprisonment, a court must ensure that all reasonable steps are taken to explain to the offender (in language that the offender can readily understand):
(a)  the offender’s obligations under the intensive correction order, and
(b)  the consequences that may follow if the offender fails to comply with those obligations.
(2)  An intensive correction order is not invalidated by a failure to comply with this section.

73   Preparation and service of written notice of intensive correction order

(1)  As soon as practicable after making an intensive correction order, a court must cause written notice of the order to be given to the offender and to the Commissioner of Corrective Services.
(2)  The notice must include such information about the intensive correction order as may be prescribed by the regulations.
(3)  An intensive correction order is not invalidated by a failure to comply with this section.

73A   Review of ICO provisions

(1)  The Sentencing Council is to conduct a review of the provisions of this Part and Part 3 of the Crimes (Administration of Sentences) Act 1999 and of any regulations made for the purposes of those provisions in order to ascertain whether any of those provisions (or any other provisions of any other Act or regulations) should be amended.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this section and a report on the outcome of the review is to be provided to the Minister and to the Minister administering Part 3 of the Crimes (Administration of Sentences) Act 1999 within 12 months after the end of that 5 years.
(3)  The Minister is to cause a copy of the report to be tabled in each House of Parliament as soon as practicable after the report is received by the Minister.
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