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CRIMES (SENTENCING PROCEDURE) ACT 1999

- As at 29 August 2025 - Act 92 of 1999

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3 Interpretation
  • 3A Purposes of sentencing

PART 2 - PENALTIES THAT MAY BE IMPOSED

Division 1 - General

  • 4 Penalties generally
  • 4A Domestic violence offenders--requirement for full-time detention or supervision
  • 4B Domestic violence offenders--protection and safety of victims

Division 2 - Custodial sentences

Division 3 - Non-custodial alternatives

  • 8 Community correction orders
  • 9 Conditional release orders
  • 10 Dismissal of charges and conditional discharge of offender
  • 10A Conviction with no other penalty
  • 11 Deferral of sentencing for rehabilitation, participation in an intervention program or other purposes
    • 12, 13. (Repealed)

Division 4 - Fines

14. (Repealed)
  • 15 Fines as an additional or alternative penalty to imprisonment for offences dealt with on indictment
  • 16 Fines for bodies corporate for offences punishable by imprisonment only
  • 17 Penalty units

Division 4A - Non-association and place restriction orders

  • 17A Non-association and place restriction orders

Division 4B - Assessment reports

  • 17B Definition of and provisions relating to "assessment report"
  • 17C Request for assessment report
  • 17D Requirement for assessment report

Division 4C - Provisions relating to certain orders

Division 5 - Miscellaneous

  • 18 Interpretation of provisions imposing penalties
  • 19 Effect of alterations in penalties
  • 20 No double jeopardy

PART 3 - SENTENCING PROCEDURES GENERALLY

Division 1 - General

  • 21 General power to reduce penalties
  • 21A Aggravating, mitigating and other factors in sentencing
  • 21B Sentencing patterns and practices
  • 22 Guilty plea to be taken into account for offences not dealt with on indictment
  • 22A Power to reduce penalties for facilitating the administration of justice
  • 23 Power to reduce penalties for assistance provided to law enforcement authorities
  • 24 Court to take other matters into account
  • 24A Mandatory requirements for supervision and other prohibitions to be disregarded in sentencing
  • 24B Confiscation of assets and forfeiture of proceeds of crime to be disregarded in sentencing
  • 24C Loss of parliamentary pension to be disregarded in sentencing
  • 25 Local Court not to impose certain penalties if offender is absent
  • 25AA Sentencing for child sexual offences

Division 1A - Sentencing discounts for guilty pleas to indictable offences

  • 25A Application of Division
  • 25B Definitions
  • 25C Timing of pleas and notice requirements
  • 25D Sentencing discounts for guilty plea for offences dealt with on indictment
  • 25E Sentencing discounts to apply in certain cases where guilty plea offer made for different offences and refused when made
  • 25F Other provisions applying to sentencing discount

Division 2 - Victim impact statements

Subdivision 1 - Preliminary
  • 26 Definitions
  • 27 Application of Division
    • Subdivision 2 - Preparation of statements
  • 28 Contents of victim impact statements
  • 29 Formal requirements for victim impact statements
  • 30 Victim may be assisted
    • Subdivision 3 - Consideration of statements by court
  • 30A Tendering of victim impact statements
  • 30B Receipt of victim impact statement by court
  • 30C Victim may object to tendering of victim impact statement
  • 30D Reading out of statement
  • 30E How court uses victim impact statements
  • 30F Restrictions on consideration of victim impact statements not made in accordance with Division
  • 30G Access to victim impact statements prior to sentencing hearing
    • Subdivision 4 - Special provisions relating to the reading of statements
  • 30H Victims are entitled to have a support person present
  • 30I Victims who are entitled to give evidence in closed court may also read their victim impact statements in closed court
  • 30J Victims who are entitled to give evidence by CCTV may also read their victim impact statements by CCTV
  • 30K Other victims may read their victim impact statements in closed court or by CCTV with leave of court
    • Subdivision 5 - Special provisions regarding forensic patients
  • 30L Victim impact statements where verdict of act proven but not criminally responsible
  • 30M Submissions by designated carers and principal care providers
  • 30N Victim impact statements in mental health and cognitive impairment forensic proceedings

Division 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
  • 35A Consultation with victim and police in relation to charge negotiations

Division 4 - Sentencing guidelines

  • 36 Definitions
  • 37 Guideline judgments on application of Attorney General
  • 37A Guideline judgments on own motion
  • 37B Review, variation and revocation of guideline judgments
  • 38 Senior Public Defender may intervene
  • 39 Director of Public Prosecutions may intervene
  • 39A Attorney General may intervene
  • 40 Discretion of Court preserved
  • 41 Rules of court
  • 42 Use of evidence in giving guideline judgments
  • 42A Relationship of guidelines and other sentencing matters

Division 5 - Correction and adjustment of sentences

  • 43 Court may reopen proceedings to correct sentencing errors

PART 4 - SENTENCING PROCEDURES FOR IMPRISONMENT

Division 1 - Setting terms of imprisonment

Division 1A - Standard non-parole periods

  • 54A What is the standard non-parole period?
  • 54B Consideration of standard non-parole period in sentencing
  • 54C Court to give reasons if non-custodial sentence imposed
  • 54D Exclusions from Division
    • Table. Standard non-parole periods

Division 2 - Concurrent and consecutive sentences

  • 55 Sentences for offences generally
  • 56 Sentences for offences involving assault by convicted inmate
  • 57 Sentences for offences involving escape by inmates
  • 58 Limitation on consecutive sentences imposed by Local Court
  • 59 Court may vary commencement of sentence on quashing or varying other sentence
  • 60 Application of Division to interstate sentences of imprisonment

Division 2A - Provisional sentencing for child offenders

Division 3 - Miscellaneous

  • 61 Mandatory life sentences for certain offences
  • 62 Warrant of commitment
  • 63 Offenders to be photographed and fingerprinted

PART 5 - SENTENCING PROCEDURES FOR INTENSIVE CORRECTION ORDERS

Division 1 - Preliminary

  • 64 Application
  • 65 Definition

Division 2 - Restrictions on power to make intensive correction orders

Division 3 - Term and commencement

Division 4 - Conditions

  • 72 Conditions generally
  • 73 Standard conditions
  • 73A Additional conditions
  • 73B Further conditions

PART 6 - (Repealed)

None

PART 7 - SENTENCING PROCEDURES FOR COMMUNITY CORRECTION ORDERS

Division 1 - Preliminary

  • 84 Application

Division 2 - Term and commencement

Division 3 - Conditions

  • 87 Conditions generally
  • 88 Standard conditions
  • 89 Additional conditions
  • 90 Further conditions
  • 91 Power of court in dealing with applications
    • 92, 93. (Repealed)

PART 8 - SENTENCING PROCEDURES FOR CONDITIONAL RELEASE ORDERS

Division 1 - Preliminary

  • 94 Application

Division 2 - Term and commencement

Division 3 - Conditions

  • 97 Conditions generally
  • 98 Standard conditions
  • 99 Additional conditions
  • 99A Further conditions
  • 100 Power of court in dealing with applications

PART 8A - NON-ASSOCIATION AND PLACE RESTRICTION ORDERS

  • 100A Non-association and place restriction orders not to restrict certain associations or activities
  • 100B Explanation of non-association and place restriction orders to offenders
  • 100C Commencement of non-association and place restriction orders
  • 100D Suspension of non-association and place restriction orders while offenders in custody
  • 100E Contravention of non-association and place restriction orders
  • 100F Variation or revocation of non-association and place restriction orders following subsequent conviction
  • 100G Variation or revocation of non-association and place restriction orders on application
  • 100H Certain information not to be published or broadcast

PART 8B - NEW SOUTH WALES SENTENCING COUNCIL

PART 8C - SENTENCING PROCEDURES FOR INTERVENTION PROGRAM ORDERS

Division 1 - Preliminary

Division 2 - Restrictions on power to make intervention program orders

Division 3 - Enforcement of intervention program order

  • 100Q Procedure following failure to enter into agreement
  • 100R Proceedings for breach of order
  • 100S Consequences of revocation of order
  • 100T Right to decide not to participate in intervention program

PART 9 - MISCELLANEOUS

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