Sentencing Act 2002
Sections and provisions with full text and the judgments that cite each one.
Section 42 — Declaration as to financial capacity
42 Declaration as to financial capacity A declaration as to financial capacity must contain information on all sources of income, assets, liabilities, and outgoings, including, without limitation,—…
Section 43 — Offence of providing false or misleading information
43 Offence of providing false or misleading information Every person is liable on summary conviction to imprisonment for a period not exceeding 3 months or to a fine not exceeding $1,000 who provides…
Section 44 — Community-based sentences
44 Community-based sentences (1) In this Act, community-based sentence means the following— (a) a sentence of community work: (b) a sentence of supervision: (c) a sentence of intensive supervision:…
Section 45 — Sentence of supervision
45 Sentence of supervision (1) A court may sentence an offender to supervision if— (a) the offender is convicted of an offence punishable by imprisonment; or (ab) the offender is convicted of an…
Section 46 — Guidance on use of sentence of supervision
46 Guidance on use of sentence of supervision A court may impose a sentence of supervision only if the court is satisfied that a sentence of supervision would reduce the likelihood of further…
Section 47 — Sentences of supervision in respect of 2 or more offences must be served concurrently
47 Sentences of supervision in respect of 2 or more offences must be served concurrently If a court imposes a sentence of supervision in respect of each of 2 or more offences (whether on the same…
Section 48 — Conditions of sentence of supervision
48 Conditions of sentence of supervision An offender who is sentenced to supervision is subject to— (a) the standard conditions in section 49 ; and (b) any special conditions imposed by the court…
Section 49 — Standard conditions of supervision
49 Standard conditions of supervision (1) If an offender is sentenced to supervision, the following standard conditions apply: (a) the offender must report in person to a probation officer in the…
Section 50 — Special conditions related to programme
50 Special conditions related to programme A court may impose any special condition or conditions related to a programme if the court is satisfied that— (a) there is a significant risk of further…
Section 51 — Programmes
51 Programmes For the purposes of section 50 , programme means any of the following that is not residential in nature: (a) any psychiatric or other counselling or assessment: (b) attendance at any…
Section 52 — Other special conditions
52 Other special conditions (1) A court may impose any of the special conditions described in subsection (2) if the court is satisfied that— (a) there is a significant risk of further offending by…
Section 53 — Offender to be under supervision of probation officer
53 Offender to be under supervision of probation officer An offender who is subject to a sentence of supervision must be under the supervision of a probation officer in the probation area in which…
Section 54 — Variation or cancellation of sentence of supervision
54 Variation or cancellation of sentence of supervision (1) An offender who is subject to a sentence of supervision, or a probation officer, may apply in accordance with section 72 for an order under…
Section 54A — Application of section 54 during epidemic
54A Application of section 54 during epidemic (1) While an epidemic management notice is in force,— (a) a probation officer who has applied in accordance with section 72 for an order under section…
Section 54B — Sentence of intensive supervision
54B Sentence of intensive supervision (1) A court may sentence an offender to intensive supervision if— (a) the offender is convicted of an offence punishable by imprisonment; or (b) the offender is…
Section 54C — Guidance on use of sentence of intensive supervision
54C Guidance on use of sentence of intensive supervision A court may impose a sentence of intensive supervision only if it is satisfied that— (a) a sentence of intensive supervision would reduce the…
Section 54D — Sentences of intensive supervision in respect of 2 or more offences must be served concurrently
54D Sentences of intensive supervision in respect of 2 or more offences must be served concurrently If a court imposes a sentence of intensive supervision in respect of each of 2 or more offences…
Section 54E — Conditions of sentence of intensive supervision
54E Conditions of sentence of intensive supervision An offender who is sentenced to intensive supervision is subject to— (a) the standard conditions in section 54F ; and (b) any special conditions…
Section 54F — Standard conditions of intensive supervision
54F Standard conditions of intensive supervision (1) If an offender is sentenced to intensive supervision, the following standard conditions apply: (a) the offender must report in person to a…
Section 54G — Special conditions related to programmes
54G Special conditions related to programmes A court may impose any special condition or conditions related to a programme if the court is satisfied that— (a) there is a significant risk of further…
Section 54H — Programmes
54H Programmes For the purposes of section 54G , programme means any of the following (whether residential or non-residential in nature): (a) any psychiatric or other counselling or assessment: (b)…
Section 54I — Other special conditions
54I Other special conditions (1) A court may impose any of the special conditions described in subsection (3) if the court is satisfied that— (a) there is a significant risk of further offending by…
Section 54J — Offender to be under supervision of probation officer
54J Offender to be under supervision of probation officer An offender who is subject to a sentence of intensive supervision is under the supervision of a probation officer in the probation area in…
Section 54K — Variation or cancellation of sentence of intensive supervision
54K Variation or cancellation of sentence of intensive supervision (1) An offender who is subject to a sentence of intensive supervision, or a probation officer, may apply, in accordance with section…
Section 54L — Application of section 54K during epidemic
54L Application of section 54K during epidemic (1) While an epidemic management notice is in force,— (a) a probation officer who has applied in accordance with section 72 for an order under section…
Section 55 — Sentence of community work
55 Sentence of community work (1) A court may sentence an offender to community work— (a) if the offender is convicted of an offence punishable by imprisonment; or (ab) if the offender is convicted…
Section 56 — Guidance on use of sentence of community work
56 Guidance on use of sentence of community work (1) In considering whether to impose a sentence of community work, the court must give particular consideration to— (a) whether the nature and…
Section 57 — Concurrent and cumulative sentences of community work
57 Concurrent and cumulative sentences of community work (1) If a court imposes a sentence of community work on an offender who is already subject to a sentence of community work, the sentences must…
Section 57A — Court may defer commencement date of sentence of community work
57A Court may defer commencement date of sentence of community work If a court imposes both a sentence of community work and a sentence of either intensive supervision or home detention, the court…
Section 58 — Length of sentence of community work
58 Length of sentence of community work (1) If the court imposes a sentence of community work of 100 hours or less, that sentence must be served within 6 months of the date that it commences under…
Section 59 — Offender must report to probation officer
59 Offender must report to probation officer An offender who is subject to a sentence of community work must report in person to a probation officer in the probation area in which the offender…
Section 60 — Offender must notify probation officer if offender changes residential address
60 Offender must notify probation officer if offender changes residential address If an offender who is subject to a sentence of community work moves to a new residential address, the offender must,…
Section 61 — Probation officer must determine placement of offender for community work
61 Probation officer must determine placement of offender for community work As soon as practicable after a sentence of community work is imposed, and at any other time during the sentence if the…
Section 62 — Guidance to probation officer in determining placement of offender for community work
62 Guidance to probation officer in determining placement of offender for community work For the purposes of section 61 , the probation officer must take into account— (a) the circumstances of the…
Section 63 — Authorised work for person sentenced to community work
63 Authorised work for person sentenced to community work (1) The type of work that an offender may be required to perform for the purposes of a sentence of community work is work— (a) at or for any…
Section 64 — When community work must be done
64 When community work must be done (1) If community work is to be done on placement with an agency other than a community work centre, the days on which and the times at which the offender does the…
Section 65 — Supervision of offender while doing community work
65 Supervision of offender while doing community work (1) An offender who is directed to do community work on placement at a community work centre is subject to the control, direction, and…
Section 66 — Offender excused from reporting in certain circumstances
66 Offender excused from reporting in certain circumstances (1) An offender who is subject to a sentence of community work may be excused from reporting during any period when the community work…
Section 66A — Court may authorise hours of work to be converted into training
66A Court may authorise hours of work to be converted into training (1) This section applies to sentences of community work of at least 80 hours. (2) A court may, when imposing a sentence of…
Section 66B — Some hours of work may be converted to training
66B Some hours of work may be converted to training (1) If authorised by the Court under section 66A , a probation officer may, but is not obliged to, direct that a specified number of hours of work,…
Section 66C — Consequences of failing without excuse to complete training
66C Consequences of failing without excuse to complete training If an offender fails, without reasonable excuse, to complete the number of hours training in basic work and living skills directed…
Section 66D — When hours of community work not counted
66D When hours of community work not counted (1) If an offender fails to carry out any work under a sentence of community work to the satisfaction of the probation officer, the probation officer may,…
Section 67 — Remission of sentence of community work
67 Remission of sentence of community work If a probation officer is satisfied that the offender has a good record of compliance with a sentence of community work, the probation officer may remit up…
Section 67A — Remission of community work hours during epidemic
67A Remission of community work hours during epidemic (1) While an epidemic management notice is in force, the chief executive of the Department of Corrections may authorise probation officers to…
Section 68 — Variation or cancellation of sentence of community work
68 Variation or cancellation of sentence of community work (1) An offender who is subject to a sentence of community work, or a probation officer, may apply in accordance with section 72 for an order…
Section 69 — Extension of period within which community work must be done
69 Extension of period within which community work must be done (1) An offender who is subject to a sentence of community work, or a probation officer, may apply in accordance with section 72 for an…
Section 69A — Extension during epidemic of period within which community work must be done
69A Extension during epidemic of period within which community work must be done (1) While an epidemic management notice is in force, the chief executive of the Department of Corrections may…
Section 69B — Sentence of community detention
69B Sentence of community detention (1) A court may sentence an offender to community detention if— (a) the offender is convicted of an offence punishable by imprisonment; or (b) the offender is…
Section 69C — Guidance on use of sentence of community detention
69C Guidance on use of sentence of community detention (1) A court may impose a sentence of community detention if the court is satisfied— (a) that a sentence of community detention— (i) would reduce…
Section 69D — Concurrent and cumulative sentences of community detention
69D Concurrent and cumulative sentences of community detention (1) If a court imposes a sentence of community detention on an offender who is already subject to a sentence of community detention, the…