Tasmanian Numbered Acts

SENTENCING ACT 1997 (NO. 59 OF 1997)

- Act 59 of 1997
- Royal Assent 22 December 1997

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Purpose of Act
   4.      Interpretation
   5.      Application of Act
   6.      Act is not a code

   PART 2 - General sentencing powers

   7.      Sentencing orders
   8.      Combined sentencing orders
   9.      Conviction or non-conviction
   10.     Effect of finding of guilt without recording of conviction
   11.     Court may impose single, general or mixed sentence

   PART 3 - Custodial sentences

           Division 1 - General

   12.     Mitigation of imprisonment
   13.     Maximum prison term imposable by court of petty sessions for crime triable summarily
   14.     Commencement of custodial sentence
   15.     Custodial sentence: whether concurrent or cumulative
   16.     Time held in custody before trial, &c., to be taken into account

           Division 2 - Parole

   17.     Court may bar or limit eligibility for parole
   18.     Court to make order on eligibility of life prisoner for parole

           Division 3 - Dangerous criminals

   19.     Court may declare violent offender to be dangerous criminal
   20.     Dangerous criminal may apply for discharge of status
   21.     Procedure
   22.     Preliminary procedure
   23.     Appeals

           Division 4 - Suspended sentences

   24.     Suspended sentence may be conditional
   25.     Effect of suspended sentence
   26.     Variation of order conditionally suspending sentence
   27.     Breach of order suspending sentence

   PART 4 - Community service orders

   28.     Conditions of community service order
   29.     Court may consider compliance with previous order
   30.     Multiple community service orders
   31.     Limitation on number of hours of community service
   32.     Attendance at educational program
   33.     Community service for benefit of victim of offence
   34.     Duration of community service order
   35.     Review of community service order
   36.     Breach of community service order

   PART 5 - Probation orders

   37.     Conditions of probation order
   38.     Multiple probation orders
   39.     Limitation on duration of probation order
   40.     Commencement of probation order
   41.     Review of probation order
   42.     Breach of probation order

   PART 6 - Fines

   43.     Priority of fine and restitution or compensation order
   44.     Time for payment of fine and enforcement of payment
   45.     Enforcement of Supreme Court fine
   46.     Variation of time or manner of payment of fine
   47.     Failure to pay fine within time granted
   48.     Calculation, &c., of community service order made for default in payment of fine
   49.     Failure of defendant outside jurisdiction to pay fine
   50.     Calculation of prison term for default in payment of fine
   51.     Amount in default reduced by imprisonment
   52.     Satisfaction of execution by payment
   53.     Enforcement of fine by civil process
   54.     Reciprocal enforcement of fines, &c., against bodies corporate

   PART 7 - Driving disqualification orders

   55.     Power of court to disqualify driver on conviction for certain offences
   56.     Court may delay disqualification
   57.     Restricted licences

   PART 8 - Adjournments, discharges and dismissals

   58.     Purpose of orders to adjourn, discharge or dismiss
   59.     Conditions of undertaking given by released offender
   60.     Released offender may be called on to appear
   61.     Discharge of order for release on adjournment
   62.     Breach of order for release on adjournment
   63.     Effect of certain orders
   64.     Compensation or restitution

   PART 9 - Orders in addition to sentence

           Division 1 - Restitution

   65.     Restitution order
   66.     Enforcement of restitution order

           Division 2 - Compensation

   67.     Interpretation of Division
   68.     Compensation order
   69.     Enforcement of compensation order

           Division 3 - Area restriction

   70.     Area restriction order
   71.     Breach of area restriction order

   PART 10 - Assessment, hospital and restriction orders

   72.     Court may make assessment order
   73.     What is an assessment order?
   74.     Termination of assessment order
   75.     Hospital order and restriction order
   76.     What is a hospital order?
   77.     What is a restriction order?
   78.     Custody of admitted person
   79.     Effect of hospital order

   PART 11 - Sentencing procedure

           Division 1 - Preliminary matters

   80.     Parties may address court on sentence
   81.     Court may receive information before sentencing
   82.     Court may order pre-sentence report
   83.     Contents of pre-sentence report
   84.     Court may order mediation report
   85.     Contents of mediation report
   86.     Preparation of mediation report
   87.     Distribution of pre-sentence and mediation reports
   88.     Disputed pre-sentence and mediation reports
   89.     Disposal of other pending charges

           Division 2 - Sentencing and related matters

   90.     Time and place of sentencing
   91.     Sentence by another judge or magistrate
   92.     Court must explain certain orders
   93.     Sentence not invalidated by failure to comply with procedural requirements
   94.     Correction of sentence
   95.     Appeal against sentence imposed on variation or breach

   PART 12 - Miscellaneous

   96.     Disqualification of offender holding public office
   97.     Saving of royal prerogative of mercy
   98.     Penalty for offence may be remitted
   99.     Effect of alteration in statutory penalty
   100.    Old offence relevant in determining previous conviction
   101.    Abolition of common law bonds
   102.    Regulations
   103.    Consequential amendments
   104.    Savings and transitional
   105.    Penalties Remission Act 1934 repealed
   106.    Administration of Act
           SCHEDULE 1
           SCHEDULE 2