SENTENCING ACT 2017 (NO 26 OF 2017)

South Australian Numbered Acts

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SENTENCING ACT 2017 (NO 26 OF 2017)

TABLE OF PROVISIONS

Long Title

PART 1--Preliminary Division 1--Preliminary

1. Short title
2. Commencement Division 2--Sentencing purposes
3. Primary sentencing purpose
4. Secondary sentencing purposes Division 3--Interpretation and application of Act
5. Interpretation
6. Application of Act to youths
7. Powers conferred by this Act are additional
8. Court may not impose bond except under this Act

PART 2--Sentencing purposes, principles and factors Division 1--Purposes, principles and factors

9. Primary purpose to be considered
10. General principles of sentencing
11. Individual sentencing factors Division 2--General sentencing provisions Subdivision 1--Procedural provisions
12. Determination of sentence
13. Prosecutor to provide particulars of victim's injury etc
14. Victim impact statements
15. Community impact statements
16. Statements to be provided in accordance with rules
17. Pre-sentence reports
18. Expert evidence
19. Court to inform defendant of reasons etc for sentence
20. Rectification of sentencing errors
21. Presence of defendant during sentencing proceedings
22. Sentencing of Aboriginal and Torres Strait Islander defendants Subdivision 2--General sentencing powers
23. Discharge without penalty
24. Imposition of penalty without conviction
25. Court may reduce, add or substitute certain penalties
26. Sentencing for multiple offences
27. Non-association or place restriction orders may be issued on sentence
28. Intervention orders may be issued on finding of guilt or sentencing
29. Deferral of sentence for rehabilitation and other purposes
30. Mental impairment Subdivision 3--Taking further offences into account
31. Definitions
32. Prosecutor may file list of additional charges
33. Outstanding charges may be taken into account
34. Ancillary orders relating to offences taken into account
35. Consequences of taking offences into account Subdivision 4--Sentencing reductions
36. Application of Subdivision
37. Reduction of sentences for cooperation etc with law enforcement agency
38. Reduction of sentences for cooperation with procedural requirements etc
39. Reduction of sentences for guilty plea in Magistrates Court etc
40. Reduction of sentences for guilty pleas in other cases
41. Application of sentencing reductions
42. Re-sentencing for failure to cooperate in accordance with undertaking under section 37
43. Re-sentencing for subsequent cooperation with law enforcement agency

PART 3--Custodial sentences Division 1--Imprisonment

44. Commencement of sentences and non-parole periods
45. Cumulative sentences Division 2--Non-parole periods
46. Application of Division to youths
47. Duty of court to fix or extend non-parole periods
48. Mandatory minimum non-parole periods and proportionality Division 3--Serious firearm offenders
49. Interpretation
50. Serious firearm offenders
51. Sentence of imprisonment not to be suspended Division 4--Serious repeat adult offenders and recidivist young offenders
52. Interpretation and application
53. Serious repeat offenders
54. Sentencing of serious repeat offenders
55. Declaration that youth is recidivist young offender Division 5--Offenders incapable of controlling, or unwilling to control, sexual instincts
56. Application of this Division
57. Offenders incapable of controlling, or unwilling to control, sexual instincts
58. Discharge of detention order under section 57
59. Release on licence
60. Appropriate board may direct person to surrender firearm etc
61. Court may obtain reports
62. Inquiries by medical practitioners
63. Parties
64. Service on guardian
65. Appeals
66. Proclamations
67. Regulations Division 6--Sentencing standards for offences involving paedophilia
68. Sentencing standards for offences involving paedophilia Division 7--Community based custodial sentences Subdivision 1--Home detention
69. Purpose of home detention
70. Home detention not available for certain offences
71. Home detention orders
72. Conditions of home detention order
73. Orders that court may make on breach of condition of home detention order etc
74. Court to provide CE with copy of home detention order
75. CE must assign home detention officer
76. Powers of home detention officers
77. Apprehension and detention of person subject to home detention order without warrant
78. Offence to contravene or fail to comply with condition of home detention order Subdivision 2--Intensive correction
79. Purpose of intensive correction order
80. Intensive correction not available for certain offences
81. Intensive correction orders
82. Conditions of intensive correction order
83. Orders that court may make on breach of condition of intensive correction order etc
84. Court to provide CE with copy of intensive correction order
85. CE must assign community corrections officer
86. Provisions relating to community service
87. Court to be notified if suitable community service placement not available
88. Community corrections officer to give reasonable directions
89. Power of Minister in relation to default in performance of community service
90. Apprehension and detention of person subject to intensive correction order without warrant
91. Offence to contravene or fail to comply with condition of intensive correction order Subdivision 3--General
92. Court may direct person to surrender firearm etc Division 8--Effect of imprisonment for contempt
93. Effect of imprisonment for contempt

PART 4--Other community based sentences Division 1--Purpose, interpretation and application

94. Purpose of Part
95. Interpretation and application of Part Division 2--Bonds, community service and supervision in community
96. Suspension of imprisonment on defendant entering into bond
97. Discharge of other defendants on entering into good behaviour bond
98. Conditions of bonds under this Act
99. Term of bond
100. Guarantors etc
101. Court may direct person to surrender firearm etc
102. Court to provide CE with copy of court order
103. Variation or discharge of bond
104. Court to be notified if suitable community service placement not available
105. Provisions relating to community service
106. Provisions relating to supervision in the community
107. CE must assign community corrections officer
108. Community corrections officer to give reasonable directions
109. Powers of community corrections officer relating to probationers on home detention
110. Variation of community service order
111. Power of Minister to cancel unperformed hours of community service
112. Power of Minister in relation to default in performance of community service Division 3--Enforcement of bonds, community service orders and other orders of a non-pecuniary nature Subdivision 1--Bonds
113. Non-compliance with bond
114. Orders that court may make on breach of bond Subdivision 2--Community service orders and other orders of a non-pecuniary nature
115. Community service orders may be enforced by imprisonment
116. Other non-pecuniary orders may be enforced by imprisonment
117. Registrar may exercise jurisdiction under this Division
118. Detention in prison

PART 5--Financial penalties

119. Maximum fine if no other maximum provided
120. Order for payment of pecuniary sum not to be made in certain circumstances
121. Preference must be given to compensation for victims
122. Court not to fix time for payment of pecuniary sums

PART 6--Restitution and compensation Division 1--Restitution and compensation generally

123. Restitution of property
124. Compensation
125. Certificate for victims of identity theft Division 2--Enforcement of restitution orders
126. Non-compliance with order for restitution of property

PART 7--Miscellaneous

127. Power of delegation--intervention program manager
128. Regulations
SCHEDULE 1--Repeal and transitional provisions

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