Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Miscellaneous provisions

74: Order must be drawn up and copy given to offender, etc

You could also call this:

"The court must give you a copy of your sentence details in writing."

Illustration for Sentencing Act 2002

When a court gives you a community-based sentence, it must write down the details in a special document called an order. You will get a copy of this order before you leave the court, if that is possible. The order tells you what your sentence is, what you have to do, and when your sentence starts.

The order also includes information about what you must do to follow the rules of your sentence, and what might happen if you do not follow those rules. It tells you about the laws that allow your sentence to be changed or cancelled. If your sentence includes community detention, the order will also say how long your sentence is, what times you are not allowed to leave your home, and what rules you have to follow.

If the court needs a bit more time to write down the order, it can ask you to wait for up to 2 hours. If you do not get a copy of the order before you leave the court, you will get one as soon as possible after you leave. The court also sends a copy of the order to the chief executive of the Department of Corrections as soon as it can. You can find more information about this law by looking at the Sentencing Amendment Act 2007 and the Crimes Act 1985.

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75: Commencement of community-based sentences, or

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Part 2Sentences, orders, and related matters
Community-based sentences: Miscellaneous provisions

74Order must be drawn up and copy given to offender, etc

  1. If a court imposes a community-based sentence on an offender, the particulars of the sentence must be drawn up in the form of an order.

  2. Wherever practicable, a copy of the order must be given to the offender before he or she leaves the court.

  3. The order must include information regarding—

  4. the nature of the sentence; and
    1. the initial reporting obligations; and
      1. the date on which the sentence commences; and
        1. the obligations to comply with the instructions of a probation officer and the terms of the sentence; and
          1. the consequences of non-compliance with the terms of the sentence; and
            1. the statutory provisions under which the sentence may be varied or cancelled.
              1. If the community-based sentence is a sentence of community detention, then, in addition to the information required to be included in the order under subsection (3), the order must also include—

              2. the sentence term; and
                1. the curfew period; and
                  1. the conditions that apply, including those that apply for the duration of the sentence term and those that only apply during the curfew period.
                    1. For the purposes of subsection (1), a court may direct that the offender be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be drawn up and a copy given to the offender.

                    2. If it is not practicable to give a copy of the order to the offender before the offender leaves the court, a copy must be given to the offender in person as soon as practicable after the offender leaves the court.

                    3. A copy of the order must be given to the chief executive of the Department of Corrections as soon as possible after it is drawn up.

                    Compare
                    Notes
                    • Section 74(3A): inserted, on , by section 37 of the Sentencing Amendment Act 2007 (2007 No 27).