1 Name of Act
2 Commencement
3 Interpretation
3A Purposes of sentencing
Part 2 Penalties that may be imposed
4 Penalties generally
Division 2 Custodial sentences
5 Penalties of imprisonment
5A Compulsory drug treatment detention
6 Home detention
7 Intensive correction orders
Division 3 Non-custodial alternatives
8 Community service orders
9 Good behaviour bonds
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 Suspended sentences
13 Community service orders and good behaviour bonds to be alternative penalties only
14 Fines as an additional penalty to good behaviour bond
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
18 Interpretation of provisions imposing penalties
19 Effect of alterations in penalties
20 No double jeopardy
Part 3 Sentencing procedures generally
21 General power to reduce penalties
21A Aggravating, mitigating and other factors in sentencing
22 Guilty plea to be taken into account
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 of sex offenders and prohibitions against child-related employment to be disregarded in sentencing
24B Confiscation of assets and forfeiture of proceeds of crime to be disregarded in sentencing
25 Local Court not to impose certain penalties if offender is absent
Division 2 Victim impact statements
26 Definitions
27 Application of Division
28 When victim impact statements may be received and considered
29 Victim impact statements discretionary
30 Formal requirements for victim impact statements
30A Reading out victim impact statements in court
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
Part 4 Sentencing procedures for imprisonment
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 Making of parole orders by court
51 Conditions on parole orders
51A Conditions of parole as to non-association and place restriction
51B Certain information not to be published or broadcast
52 Court’s powers on appeal
53 Multiple sentences of imprisonment
53A Aggregate sentences of imprisonment
54 Exclusions from Division
Division 1A Standard non-parole periods
54A What is the standard non-parole period?
54B Sentencing procedure
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
61 Mandatory life sentences for certain offences
62 Warrant of commitment
63 Offenders to be photographed and fingerprinted
Part 5 Sentencing procedures for intensive correction orders
64 Application
65 Definitions
Division 2 Restrictions on power to make intensive correction orders
66 Intensive correction not available for certain sexual offences
67 Suitability of offender for intensive correction order
68 Concurrent and consecutive sentences
69 Referral of offender for assessment
70 Assessment of suitability
71 Commencement of sentence
72 Explanation of intensive correction order to offender
73 Preparation and service of written notice of intensive correction order
73A Review of ICO provisions
Part 6 Sentencing procedures for home detention orders
74 Application
75 Definitions
Division 2 Restrictions on power to make home detention orders
76 Home detention not available for certain offences
77 Home detention not available for offenders with certain history
78 Suitability of offender for home detention
79 Concurrent and consecutive sentences
80 Referral of offender for assessment
81 Assessment of suitability
82 Court may impose conditions on home detention order
83 Explanation of home detention order to offender
Part 7 Sentencing procedures for community service orders
84 Application
85 Definitions
Division 2 Restrictions on power to make community service orders
86 Suitability of offender for community service work
87 Concurrent and consecutive sentences
88 Referral of offender for assessment
89 Assessment of suitability
90 Court may impose conditions on community service order
91 Removal of graffiti
92 Explanation of community service order to offender
93 Preparation and service of written notice of community service order
Part 8 Sentencing procedures for good behaviour bonds
94 Application
95 Good behaviour bonds
95A Intervention program as condition of good behaviour bond
95B Referral of offender for assessment
96 Explanation of good behaviour bond to person under bond
97 Procedure following failure to enter into good behaviour bond
98 Proceedings for breach of good behaviour bond
99 Consequences of revocation of good behaviour bond
99A Right to decide not to participate in intervention program
100 Action may be taken after good behaviour bond has expired
Part 8A Non-association and place restriction orders
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
Part 8B New South Wales Sentencing Council
100I Constitution of New South Wales Sentencing Council
100J Functions of Sentencing Council
100K Committees of Sentencing Council
100L Staff of Sentencing Council
Part 8C Sentencing procedures for intervention program orders
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
Schedule 1 Existing life sentences
Schedule 1A Provisions relating to membership and procedure of New South Wales Sentencing Council