Sentencing Act 2017 (SA)

South Australia Sentencing Act 2017 An Act to make provision in relation to the sentencing of offenders in the criminal justice system; to repeal the Criminal Law (Sentencing) Act 1988; and for other purposes.

Contents Part 1—Preliminary Division 1—Preliminary 1 Short title 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 4—Sentencing reductions 36 Application of Subdivision 37 Reduction of sentences for cooperation etc with law enforcement agency 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 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 child sexual abuse 68 Sentencing standards for offences involving child sexual abuse 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 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 Part 1—Repeal of Criminal Law (Sentencing) Act 1988 1 Repeal of Act Part 2—Transitional provisions 2 Transitional provisions Part 3—Transitional provisions relating to Sentencing (Release on Licence) Amendment Act 2018 3 Transitional provisions Schedule 2—Re-consideration of authorisations to release on licence under section 24 of repealed Act or section 59 of this Act 1 Re-consideration of authorisations to release on licence under section 24 of repealed Act or section 59 of this Act Legislative history