Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 26

Court may order commitment in default

    (1)     If a court imposes a fine on an offender under section 16(1), the fine may be enforced under the Fines and Penalties (Recovery) Act 2001 unless the court orders commitment in default under subsection (2).

    (2)     A court may order that if a fine is not paid within 28 days the offender is to be imprisoned until his or her liability to pay the fine is discharged.

    (3)     If a court makes an order under subsection (2) and the fine is not paid within 28 days, the court may issue a warrant of commitment in respect of the offender specifying the period of imprisonment calculated on the basis of the amount of the fine as follows:

        (a)     the period is to be one day for each amount (or part of that amount) prescribed for section 88 of the Fines and Penalties (Recovery) Act 2001 that comprises the fine;

        (b)     the period is not to be less than one day;

        (c)     the period is not to exceed 3 months.

    (4)     If an offender serves the total period of imprisonment under a warrant under subsection (3), the fine is taken to be satisfied.

    (5)     If an offender serves part of the period of imprisonment under a warrant under subsection (3), the fine is to be taken to be partially satisfied by the amount calculated at the rate prescribed for section 88 of the Fines and Penalties (Recovery) Act 2001 for each day served.

    (6)     Unless otherwise ordered by the court, any period of imprisonment that an offender has to serve as a result of an order under subsection (2) is to be served:

        (a)     cumulatively on any incomplete sentence or sentences of imprisonment imposed on the offender for the default of a payment of a fine or sum of money; and

        (b)     concurrently with any incomplete sentence or sentences of imprisonment imposed on the offender other than for the default of a payment of a fine or sum of money, whether the other sentence was or the other sentences were imposed before or at the same time as that term.



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