CRIMES (SENTENCING PROCEDURE) ACT 1999 - As at 24 August 2023 - Act 92 of 1999
- As at 24 August 2023
- Act 92 of 1999
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Interpretation
- 3A Purposes of sentencing
PART 2 - PENALTIES THAT MAY BE IMPOSED
Division 1 - General
Division 2 - Custodial sentences
Division 3 - Non-custodial alternatives
Division 4 - Fines
14. (Repealed)
- 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 4C - Provisions relating to certain orders
Division 5 - Miscellaneous
- 18 Interpretation of provisions imposing penalties
- 19 Effect of alterations in penalties
- 20 No double jeopardy
PART 3 - SENTENCING PROCEDURES GENERALLY
Division 1 - General
- 21 General power to reduce penalties
- 21A Aggravating, mitigating and other factors in sentencing
- 21B Sentencing patterns and practices
- 22 Guilty plea to be taken into account for offences not dealt with on indictment
- 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 and other prohibitions to be disregarded in sentencing
- 24B Confiscation of assets and forfeiture of proceeds of crime to be disregarded in sentencing
- 24C Loss of parliamentary pension to be disregarded in sentencing
- 25 Local Court not to impose certain penalties if offender is absent
- 25AA Sentencing for child sexual offences
Division 1A - Sentencing discounts for guilty pleas to indictable offences
- 25A Application of Division
- 25B Definitions
- 25C Timing of pleas and notice requirements
- 25D Sentencing discounts for guilty plea for offences dealt with on indictment
- 25E Sentencing discounts to apply in certain cases where guilty plea offer made for different offences and refused when made
- 25F Other provisions applying to sentencing discount
Division 2 - Victim impact statements
Subdivision 1 - Preliminary
- 26 Definitions
- 27 Application of Division
Subdivision 2 - Preparation of statements
- 28 Contents of victim impact statements
- 29 Formal requirements for victim impact statements
- 30 Victim may be assisted
Subdivision 3 - Consideration of statements by court
- 30A Tendering of victim impact statements
- 30B Receipt of victim impact statement by court
- 30C Victim may object to tendering of victim impact statement
- 30D Reading out of statement
- 30E How court uses victim impact statements
- 30F Restrictions on consideration of victim impact statements not made in accordance with Division
- 30G Access to victim impact statements prior to sentencing hearing
Subdivision 4 - Special provisions relating to the reading of statements
- 30H Victims are entitled to have a support person present
- 30I Victims who are entitled to give evidence in closed court may also read their victim impact statements in closed court
- 30J Victims who are entitled to give evidence by CCTV may also read their victim impact statements by CCTV
- 30K Other victims may read their victim impact statements in closed court or by CCTV with leave of court
Subdivision 5 - Special provisions regarding forensic patients
- 30L Victim impact statements where verdict of act proven but not criminally responsible
- 30M Submissions by designated carers and principal care providers
- 30N Victim impact statements in mental health and cognitive impairment forensic proceedings
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
Division 2 - Concurrent and consecutive sentences
Division 2A - Provisional sentencing for child offenders
Division 3 - Miscellaneous
- 61 Mandatory life sentences for certain offences
- 62 Warrant of commitment
- 63 Offenders to be photographed and fingerprinted
Division 1 - Preliminary
Division 3 - Term and commencement
Division 4 - Conditions
- 72 Conditions generally
- 73 Standard conditions
- 73A Additional conditions
- 73B Further conditions
PART 6 - (Repealed)
None
Division 1 - Preliminary
Division 2 - Term and commencement
Division 3 - Conditions
- 87 Conditions generally
- 88 Standard conditions
- 89 Additional conditions
- 90 Further conditions
- 91 Power of court in dealing with applications
92, 93. (Repealed)
Division 1 - Preliminary
Division 2 - Term and commencement
Division 3 - Conditions
- 97 Conditions generally
- 98 Standard conditions
- 99 Additional conditions
- 99A Further conditions
- 100 Power of court in dealing with applications
Division 1 - Preliminary
- 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
PART 9 - MISCELLANEOUS