South Australian Numbered Acts South Australian Numbered Acts5—Amendment of section 38—Suspension of imprisonment on defendant entering into bond
(1) Section 38(2) to (2b)—delete subsections (2) to (2b) (inclusive) and substitute:
(2) A sentence of imprisonment may not be suspended under this section if the defendant is being sentenced—
(a) to a sentence of imprisonment that is to be served cumulatively on another term of imprisonment, or concurrently with another term of imprisonment then being served, or about to be served, by the defendant; or
(b) as an adult to a period of imprisonment of 2 years or more for a prescribed designated offence; or
(c) as an adult for a serious and organised crime offence or specified offence against police; or
(d) as an adult for a designated offence and, during the 5 year period immediately preceding the date on which the relevant offence was committed, a court has suspended a sentence of imprisonment or period of detention imposed on the defendant for a designated offence.
(2a) Despite subsection (2)(a), if the period of imprisonment to which a defendant is liable under 1 or more sentences is more than 3 months but less than 1 year, the sentencing court may, by order—
(a) direct that the defendant serve a specified period (being not less than 1 month) of the imprisonment in prison; and
(b) suspend the remainder of the sentence on condition that the defendant enter into a bond of a kind described in subsection (1) that will have effect on the defendant's release from prison.
(2b) Despite subsection (2)(b), if a defendant is being sentenced as an adult to a period of imprisonment of 2 years or more for a prescribed designated offence, the sentencing court may, by order—
(a) direct that the defendant serve a specified period of the imprisonment in prison (which, if a non-parole period has been fixed in respect of the defendant, must be a period that is one-fifth of the non-parole period fixed); and
(b) suspend the remainder of the sentence on condition that the defendant enter into a bond of a kind described in subsection (1) that will have effect on the defendant's release from prison.
(2) Section 38(2ba)—delete "subsection (2b)" and substitute:
subsection (2)(c) and (d)
(3) Section 38(2ba)—delete "subsection (2b)(b)" wherever occurring and substitute in each case:
subsection (2)(d)
(4) Section 38(4)—after the definition of "designated offence insert:
"prescribed designated offence" means an offence under section 13 or 23 of the Criminal Law Consolidation Act 1935 ;