CCOs replace suspended sentences, and more jail now an option

Community Correction Orders can now be imposed along with jail of up to 2 years, and as a substitute where previously suspended sentences of imprisonment might have been imposed.Parts of the Sentencing Amendment (Emergency Workers) Act 2014 commenced operation yesterday — see SG 330/2014 — including Part 5.Part 5 amends the Sentencing Act 1991, and …

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Suspended sentences gone

The last portions of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 commenced operation today. Section 2(5) of that Act provides:(5) If a provision referred to in subsection (4) does not come into operation before 1 September 2014, it comes into operation on that day.The most significant change is the abolition of …

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Ending the suspense?

From last Sunday, only Magistrates’ Courts can now imposed suspended sentences of imprisonment, subject to some exceptions. Division 2 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 abolishes suspended sentences in the County and Supreme Courts.I discussed this in May, and noted the default commencement was 1 December 2013. Since then, the relevant …

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Brandishing the 'Sword of Damocles'

An offender who receives a suspended sentence imposed under s 27 of the Sentencing Act 1991 has to serve the sentence or part sentence held in suspense if he or she is ordered to do so under s 83AR.Section 83AR(2) reads,(2) Despite anything to the contrary in subsection (1), if the court finds the offender …

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Brandishing the ‘Sword of Damocles’

An offender who receives a suspended sentence imposed under s 27 of the Sentencing Act 1991 has to serve the sentence or part sentence held in suspense if he or she is ordered to do so under s 83AR.Section 83AR(2) reads,(2) Despite anything to the contrary in subsection (1), if the court finds the offender …

Continue reading Brandishing the ‘Sword of Damocles’