Australian Capital Territory Current Acts

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Concurrent and consecutive sentences—offences while in custody or unlawfully absent

    (1)     This section applies if the primary sentence is imposed on the offender for any of the following offences:

        (a)     an offence committed while the offender was in lawful custody;

        (b)     an offence committed while the offender was unlawfully absent from a correctional centre or other place during the term of the offender's sentence of imprisonment;

        (c)     an offence involving an escape from lawful custody.

Example of unlawful absence for par (b)

the offender fails to return to a correctional centre as required after community service work or approved leave

    (2)     In the absence of a direction under subsection (3), the primary sentence must be served consecutively with the existing sentence of imprisonment.

    (3)     The court may direct that the primary sentence be served concurrently (or partly concurrently and partly consecutively) with the existing sentence.

    (4)     Unless the court considers that special circumstances apply, the court must not give a direction under subsection (3) if the primary sentence is an offence that involves causing harm, or threatening to cause harm, to a corrections officer.

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