Parole Act 2002

Extended supervision orders - Preliminary

107D: Meaning of sentencing court

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"The court that gave someone their sentence is called the sentencing court."

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When you hear the term sentencing court, it refers to the court that gave an offender their sentence. The sentencing court is usually the High Court, but it can be the District Court if the offender's sentence was given by the District Court or a court that heard an appeal from the District Court. In the case of the District Court, the sentencing court is the District Court with a trial Judge.

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Part 1AExtended supervision orders
Preliminary

107DMeaning of sentencing court

  1. In this Part, sentencing court, in relation to an offender, means the High Court, unless every relevant offence for which the offender was most recently subject to a sentence of imprisonment was imposed by the District Court, or any court on appeal from the District Court, in which case the sentencing court is the District Court presided over by a trial Judge.

Notes
  • Section 107D: inserted, on , by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
  • Section 107D: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 107D: amended, on , by section 9 of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).