Northern Territory Consolidated Acts

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           Long Title


   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Application  


   5.      Sentencing guidelines  
   6.      Factors to be considered in determining offender's character  
   6A.     Aggravating factors  


           Division 1--General

   7.      Sentencing and other orders  
   8.      Conviction or non-conviction  

           Division 2--Dismissals and discharges

   9.      Purpose of orders under this Division  
   10.     Unconditional dismissal  
   12.     Unconditional discharge  

           Division 3--Fines

   16.     Power to fine  
   17.     Exercise of power to fine  
   18.     Aggregate fines  
   19.     Time for payment of fine  
   24.     Application of fine etc.  
   26.     Court may order commitment in default  
   27.     Alternative penalties  
   28.     Fine in addition to or instead of imprisonment  
   29.     Body corporate fines under penalty provision  

           Division 4--Community correction orders

   30.     Purpose of community correction orders  
   31.     When court may make order  
   32.     Duration of order and day order commences  
   33.     Statutory conditions of order  
   34.     Conditions of order imposed by court  
   35.     Condition requiring monitoring  
   36.     Condition to participate in approved project  
   37.     Copy of order to be given to offender and Commissioner  
   38.     Orders for more than one offence  
   39.     Revocation or variation of order on application  
   39A.    Breach of community correction order  
   39B.    Court orders following breach  
   39C.    Records as evidence  
   39D.    Certain costs recoverable by Territory  

           Division 5--Custodial orders

              Subdivision 1--Suspended sentences of imprisonment

   40.     Suspended sentence of imprisonment  
   41.     Effect of suspended sentence  
   42.     Variation of order conditionally suspending sentence  
   43.     Breach of order suspending sentence  

              Subdivision 2--Intensive community correction orders

   44.     Purpose of intensive community correction orders  
   45.     When court may make order  
   46.     Duration of order and day order commences  
   47.     Statutory conditions of order  
   48.     Conditions of order imposed by court  
   48A.    Home detention condition  
   48B.    Condition to participate in approved project  
   48C.    Copy of order to be given to offender and Commissioner  
   48D.    Orders for more than one offence  
   48E.    Revocation or variation of order on application  
   48F.    Breach of intensive community correction order  
   48G.    Court orders following breach  
   48H.    Records as evidence  
   48J.    Certain costs recoverable by Territory  

              Subdivision 3--Imprisonment

   49.     Term of imprisonment where none prescribed  
   50.     Imprisonment to be served concurrently unless otherwise ordered  
   51.     Cumulative orders of imprisonment  
   52.     Aggregate term of imprisonment  
   53.     Fixing of non-parole period by sentencing court  
   53A.    Non-parole periods for offence of murder  
   54.     Fixed non-parole period for certain offences  
   55.     Minimum non-parole period for offence of sexual intercourse without consent  
   55A.    Fixed non-parole periods for offences against persons under 16 years  
   56.     Fixing of non-parole period otherwise than by sentencing court  
   57.     Fixing of new non-parole period in respect of multiple sentences  
   59.     Order of service of sentences of imprisonment  
   60.     Sentences of imprisonment – whether concurrent or cumulative  
   60A.    Sentence of imprisonment for escaping from lawful custody  
   61.     Sentence of imprisonment on default of payment of fine  
   62.     Commencement of sentences of imprisonment  
   63.     Calculation of term of imprisonment  
   63A.    Effect on term of imprisonment of absence from custodial correctional facility  
   64.     Further sentence if person on parole  

              Subdivision 4--Indefinite sentences for violent offenders

   65.     Indefinite sentence – imposition  
   66.     Prosecution to inform Court  
   67.     Adjournment  
   68.     Evidence  
   69.     Court to give reasons  
   70.     Onus of proof  
   71.     Standard of proof  
   72.     Review – periodic  
   73.     Review – application by offender  
   74.     Discharge of indefinite sentence  
   75.     Re-integration programs  
   76.     Proper officer to give report  
   77.     Appeals  
   78.     Hearings – offender to be present  

           Division 6--Aggravated property offences

   78AA.   Aggravated property offences  
   78A.    Purpose  
   78B.    Aggravated property offences  

           Division 6A--Mandatory imprisonment for certain offences

              Subdivision 1--Preliminary matters

   78C.    Definitions  
   78CA.   Imposition of minimum sentence  
   78CB.   Imposition of term of actual imprisonment  

              Subdivision 2--Mandatory imprisonment

   78D.    Offence against section 155A of Criminal Code involving assault  
   78DA.   Offence against section 189A of Criminal Code  
   78DB.   Exceptional circumstances exemption  

           Division 6B--Imprisonment for sexual offences

   78F.    Imprisonment for sexual offences  


   78P.    Interpretation  
   79.     Assessment orders  
   80.     Approved treatment facility orders  
   81.     Expiration of certain approved treatment facility orders  
   82.     Consent to treatment  
   83.     Treatment under this Part  
   84.     Custody of admitted person  
   85.     Variation of approved treatment facility orders  
   86.     Breach of approved treatment facility orders  


           Division 1--Restitution and compensation orders

   87.     Application of this Division  
   88.     Orders for restitution and compensation  
   89.     Reimbursement of costs of restoring property etc.  
   90.     Making of order  
   91.     Application for order  
   92.     Form of order  
   93.     Imprisonment for breach of order  
   94.     Extension of time of order  
   97.     Orders not to affect other rights  

           Division 1AA--Certificates for victims of identity crime

   97AA.   Definitions  
   97AB.   Court may issue certificate to victim  
   97AC.   Content of certificate  

           Division 1A--Non-association and place restriction orders

   97A.    When court may make order  
   97B.    Explanation of order  
   97C.    Commencement of order  
   97D.    Contravention of order  
   97E.    Variation of order on application  
   97F.    Variation of order following conviction  
   97G.    Order may not be extended by variation  
   97H.    Certain information not to be published or broadcast  

           Division 2--Other orders

   98.     Cancellation of driver's licence  
   99.     Passport orders  
   99A.    Forfeiture of property orders  


           Division 1--Conditions, requirements and signing of orders

   100.    Condition of order to undertake treatment program  
   101.    Consent of offender to conditional order  
   102.    Explanation of orders  
   102A.   Signing of orders  

           Division 2--Information and reports before passing sentence

              Subdivision 1--Information, reports etc.

   103.    Assessment of offender before certain orders made  
   104.    Information before passing sentence or making order  
   104A.   Special provisions regarding cultural information  
   105.    Court may order pre-sentence report  
   106.    Contents of pre-sentence report  

              Subdivision 2--Victim impact statements and victim reports

   106A.   Definitions  
   106B.   Victim impact statements and victim reports  

           Division 3--Taking alleged offences into account

   107.    Court may take alleged offences into account  

           Division 3A--Community court sentencing procedure

   107A.   Definitions  
   107B.   Aboriginal experience report  
   107C.   Law and Justice Group  
   107D.   Application for community court sentencing procedure  
   107E.   Community court sentencing procedure  
   107F.   Information in Aboriginal experience report and responses of Law and Justice Group  

           Division 4--Passing of sentence

   108.    Time and place of sentence  
   108A.   Stating and recording requirement for sentence after guilty plea  
   110.    Sentences not invalidated by failure to comply with procedural requirements  


   111.    Correction of sentences by Supreme Court  
   112.    Court may reopen proceeding to correct sentencing errors  


   113.    Appeal against sentence imposed on variation or breach  


   114.    Remission of sentence by Administrator  


   115.    Release by Administrator in exercise of prerogative of mercy  
   116.    Penalties for offences may be remitted  


   117.    Offender to be before court when sentence imposed  
   120.    Lesser sentence may be imposed  
   121.    Effect of alterations in penalties  
   122.    Maximum penalty for indictable offence dealt with summarily  
   123.    Old offences relevant in determining previous convictions  
   123A.   Late guilty plea not relevant for sentencing for offence  
   124.    Abolition of common law bonds  
   126.    Facilitation of proof  
   128.    Regulations  


           Division 1--Repeal of Acts

   129.    Repeal  

           Division 2--Transitional matters for Sentencing Act 1995

   130.    Savings and transitional  

           Division 3--Transitional matters for Sentencing Amendment (Aboriginal Customary Law) Act 2004

   131.    Application of section 104A  

           Division 4--Transitional matters for the Criminal Code Amendment (Criminal Damage) Act 2011

   132.    Transitional matters for Criminal Code Amendment (Criminal Damage) Act 2011  

           Division 5--Transitional matters for Justice (Corrections) and Other Legislation Amendment Act 2011

   133.    Community based orders and community custody orders for pre-commencement offences  

           Division 6--Transitional matters for Justice and Other Legislation Amendment Act 2014

   134.    Application of section 64 to offences committed before commencement  
   135.    Application of section 104A to offences committed before commencement  
   136.    Application of section 107 to offences committed before commencement  

           Division 7--Transitional matters for Sentencing Legislation Amendment Act 2015

   137.    Application of amendments  

           Division 8--Justice Legislation Amendment (Summary Procedure) Act 2015

   138.    Definitions  
   139.    Application of sections 5(2)(ha) and 123A  
   140.    Application of section 108A  

           Division 9--Transitional matter for Criminal Code Amendment (Property Offences) Act 2022

   141.    Definition aggravated property offence  

           Division 10--Transitional matters for Sentencing and Other Legislation Amendment Act 2022

   142.    Definition  
   143.    Community correction orders and intensive community correction orders  
   144.    Mandatory sentencing before and after commencement  
   145.    Application of Act to old orders  
   146.    Application of section 5  
   147.    Application of section 42  
   148.    Non-parole period for offences committed before the commencement  

           Division 11--Transitional matters for Sentencing Legislation Amendment Act 2023

   149.    Application of Part 6, Division 3A  

           Division 12--Transitional matter for Criminal Justice Legislation Amendment (Sexual Offences) Act 2023

   150.    Application of section 5  

           Division 13--Transitional matters for Justice Legislation Amendment (Domestic and Family Violence) Act 2023

   151.    Definitions  
   152.    Application of amendment to section 6A  
   153.    Application of section 52  
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4

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