Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 107E

Community court sentencing procedure

    (1)     If the Local Court grants an application under section 107D(3), the Court must:

        (a)     sit and hear the proceedings at the place specified in the offender's application; and

        (b)     impose the sentence on the offender at the place.

    (2)     Before imposing a sentence on the offender, the Court:

        (a)     must have regard to an Aboriginal experience report in relation to the offender and the offence; and

        (b)     may have regard to the responses given to any questions asked of the members of the Law and Justice Group who prepared the report as mentioned in subsection (4).

    (3)     The Court may adjourn the proceedings to enable the Aboriginal experience report to be prepared and may admit the offender to bail or remand the offender in custody.

    (4)     After receiving the Aboriginal experience report the Court may, in relation to the information contained in the report:

        (a)     ask questions of the members of the Law and Justice Group who prepared the Aboriginal experience report; and

        (b)     allow another person to ask questions of the members of the Law and Justice Group who prepared the Aboriginal experience report.

    (5)     The response given to a question asked under subsection (4) may be given in writing or orally.

    (6)     To avoid doubt, this section does not limit the matters the Court would ordinarily have regard to in imposing a sentence on the offender.



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