Sentencing Regulations 2002

Version No. 002

Sentencing Regulations 2002

S.R. No. 21/2002

Version as at 2 May 2002

table of provisions

RegulationPage

part 1—preliminary

1.Objective

2.Authorising provision

3.Commencement

4.Revocation

5.Definition

part 2—general MATTERS

6.Prescribed persons and classes of persons

7.Regional Manager to keep records

8.Review of special condition of a justice plan

9.Assessment order

10.Diagnosis, assessment and treatment order

11.Certificate of a psychiatrist

12.Report of authorised psychiatrist

13.Hospital orders

14.Declaration about time held in custody

part 3—custodial orders and community-based orders

15.Definition

16.Form of intensive correction order

17.Lawful instructions and directions

18.Prescribed programs

19.Application for variation or cancellation of intensive correction order

20.Form of community-based order

21.Commencement of community-based order

22.Application for variation or cancellation of community-based order

23.Payment of fines

24.Copies of orders

25.Nature of unpaid community work

26.Offender's obligations under intensive correction order or community-based order

part 4—drug treatment orders

27.Prescribed class of persons

28.Copies of order

29.Nature of unpaid community work

30.Offender's obligations

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SCHEDULE—Forms

Form 1—Notice of Application for Review of Special Condition of Justice Plan

Form 2—Assessment Order for Admission to and Detention in an Approved Mental Health Service

Form 3—Diagnosis, Assessment and Treatment Order

Form 4—Certificate of Psychiatrist for diagnosis, assessment and treatment Order, hospital Order or hospital security Order

Form 5—Report of authorised Psychiatrist for Diagnosis, Assessment and Treatment Order, Hospital order or Hospital Security
Order

Form 6—Hospital Order

Form 7—Hospital Security Order

Form 8—Declaration about Time held in Custody

Form 9—Intensive Correction Order

Form 10—Application for Variation or Cancellation of Intensive Correction Order

Form 11—Community-based Order

Form 12—Application for Variation or Cancellation of Community-based Order

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 002

Sentencing Regulations 2002

S.R. No. 21/2002

Version as at 2 May 2002

Sentencing Regulations 2002

S.R. No. 21/2002

Part 1—Preliminary

1.Objective

The objective of these Regulations is to prescribe matters for the purposes of the Sentencing Act 1991 including prescribing—

(a)persons and classes of persons; and

(b)forms and procedures.

2.Authorising provision

These Regulations are made under section 116 of the Sentencing Act 1991.

3.Commencement

(1)These Regulations, except Part 4, come into operation on 14 April 2002.

(2)Part 4 of these Regulations comes into operation when section 5 of the Sentencing (Amendment) Act 2002 comes into operation.

4.Revocation

The following Regulations are revoked—

(a)the Sentencing Regulations 1992[1];

(b)the Sentencing (No. 2) Regulations 1992[2];

(c)the Sentencing (No. 2) (Amendment) Regulations 1993[3];

(d)the Sentencing (No. 2) (Amendment) Regulations 1996[4];

(e)the Sentencing (No. 2) (Amendment) Regulations 1997[5].

5.Definition

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In these Regulations—

"Act" means the Sentencing Act 1991.

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Part 2—General Matters

6.Prescribed persons and classes of persons

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(1)For the purposes of the section of the Act specified in column 1 of the Table, the person specified in column 2 of the Table and the class of persons specified in column 3 of the Table are prescribed.

TABLE

Column 1
Section / Column 2
Prescribed person / Column 3
Prescribed class of persons
18W(1) / The Director of Public Prosecutions.
The Secretary to the Department of Justice. / Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives.
Members of staff employed in CORE—
the Public Correctional Enterprise in the Department of Justice—as Senior Prosecutions Officers.
Community corrections officers.
26(1) / The Director of Public Prosecutions. The Secretary to the Department of Justice. / Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives.
Members of staff employed in CORE—
the Public Correctional Enterprise in the Department of Justice—as Senior Prosecutions Officers.
Community corrections officers.
Column 1
Section / Column 2
Prescribed person / Column 3
Prescribed class of persons

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31(1) / The Director of Public Prosecutions.
The informant. / Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives.
Members of the police force.
47(1) / The Director of Public Prosecutions.
The Secretary to the Department of Justice. / Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives.
Members of staff employed in CORE—
the Public Correctional Enterprise in the Department of Justice—as Senior Prosecutions Officers.
Community corrections officers.
61(3)(b) / The informant. / Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives.
Members of the police force.
78(3)(b) / The informant. / Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives.
Members of the police force.
Column 1
Section / Column 2
Prescribed person / Column 3
Prescribed class of persons
79(1) / The Director of Public Prosecutions.
The informant. / Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives.
Members of the police force.
81(2)(c) / The informant. / Members of the police force.
82(2)(c) / The informant. / Members of the police force.

(2)A reference in the Table to the informant is a reference to the informant in the proceeding for which the sentencing order was made.

7.Regional Manager to keep records

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The Regional Manager of the region in which a community corrections centre is located must keep accurate records of—

(a)the dates and hours on which each offender—

(i)has satisfactorily performed unpaid community work; or

(ii)has not satisfactorily performed unpaid community work; and

(b)the times at which the offender attends at the community corrections centre or at other places that he or she is required by the Regional Manager to attend.

8.Review of special condition of a justice plan

An application under section 82 of the Act must be in writing in Form 1 in the Schedule.

9.Assessment order

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An assessment order under section 90 of the Act must be in Form 2 in the Schedule.

10.Diagnosis, assessment and treatment order

A diagnosis, assessment and treatment order under section 91 of the Act must be in Form 3 in the Schedule.

11.Certificate of a psychiatrist

For the purposes of sections 91(b) and 93(1)(b) of the Act, the prescribed form of a certificate of a psychiatrist is Form 4 in the Schedule.

12.Report of authorised psychiatrist

For the purposes of sections 91(c) and 93(1)(c) of the Act, the prescribed form of a report of an authorised psychiatrist is Form 5 in the Schedule.

13.Hospital orders

(1) A hospital order under section 93 of the Act must be in Form 6 in the Schedule.

(2)A hospital security order under section 93 of the Act must be in Form 7 in the Schedule.

14.Declaration about time held in custody

A declaration made by a court under section 18(4) or 35(4) of the Act must be in Form 8 in the Schedule, if the declaration is not incorporated in the Schedule to the Warrant to Imprison.

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Part 3—Custodial Orders and Community-based Orders

15.Definition

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In this Part—

"holiday", in relation to a community corrections centre, means a day appointed as a public holiday or declared as a bank holiday under the Public Holidays Act 1993 in the place in which the community corrections centre is located.

16.Form of intensive correction order

An intensive correction order under section 19 of the Act must be in Form 9 in the Schedule.

17.Lawful instructions and directions

(1)Unless sub-regulation (2) applies, a lawful instruction or direction given to an offender by a community corrections officer under section 20(1)(g) or 37(1)(f) of the Act must be—

(a)in writing; and

(b)signed by the community corrections officer.

(2)A lawful instruction or direction may be given orally in the presence and hearing of a witness if, due to the urgent need to give the instruction or direction or through other exceptional circumstances, it is not possible for the instruction or direction to be given in writing.

18.Prescribed programs

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The following programs are prescribed programs for the purposes of section 21 of the Act.

Name of Program / Requirements of Program
Alcohol and other Drug Treatment Program / Participation in residential treatment or in intensive community-based counselling or both as directed by the officer in charge of the program or by a community corrections officer or by both officers
Drink Drivers Program / Participation in residential treatment or in intensive community-based counselling or both as directed by the officer in charge of the program or by a community corrections officer or by both officers
Young Adult Offenders Training Program / Participation in residential training or in intensive community-based counselling or both as directed by the officer in charge of the program or by a community corrections officer or by both officers

19.Application for variation or cancellation of intensive correction order

(1)An application under section 25(1) of the Act to vary or cancel an intensive correction order must be made in writing in Form 10 in the Schedule.

(2)The applicant must ensure that a copy of the application is given to the Director of Community Correctional Services within a reasonable time before it is to be heard.

20.Form of community-based order

A community-based order under section 36 of the Act must be in Form 11 in the Schedule.

21.Commencement of community-based order

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A court making a community-based order may fix a date for its commencement that is not more than 3 months after the order is made.

22.Application for variation or cancellation of community-based order

(1)An application under section 46(1) of the Act to vary or cancel a community-based order must be made in writing in Form 12 in the Schedule.

(2)The applicant must ensure that a copy of the application is given to the Director of Community Correctional Services as soon as possible after making the application.

23.Payment of fines

(1)For the purposes of section 48(2) of the Act, payment of a fine may be made—

(a)in person at a community corrections centre between 10.00 a.m. and 2.30 p.m. on any Monday to Friday that is not a holiday; or

(b)by post to a community corrections centre.

(2)Payment may be made in cash, or by bank cheque (marked "not negotiable") or money order made payable to the Department of Justice.

(3)A payment by bank cheque is not made until the cheque is honoured on presentation to the relevant bank.

24.Copies of orders

(1)After a court has made an intensive correction order or a community-based order, it must as soon as practicable—

(a)cause a copy of the order to be given to the offender and to the Regional Manager; and

(b)if it is the Supreme Court or the County Court, cause a copy of the order to be given to the supervising court together with any documents and information relating to the case that it considers likely to assist the supervising court in exercising its functions in relation to the order.

(2)A document may be given under sub-regulation (1) by post.

25.Nature of unpaid community work

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(1)Offenders may be required under an intensive correction order or a community-based order to perform unpaid community work—

(a)at a hospital, educational or charitable institution or for any other non-profit body; or

(b)at the home of any socially disadvantaged or disabled person or any institution for such persons; or

(c)on any Crown land or land occupied by the Crown; or

(d)on any land owned, leased or occupied for a public purpose by any person or body under any Act.

(2)Offenders must not be required to perform work of a nature that would normally be performed by paid labour.

26.Offender's obligations under intensive correction order or community-based order

(1)An offender who is required to attend at a community corrections centre or other place, or to perform unpaid community work, under the provisions of an intensive correction order or a community-based order must—

(a)obey all lawful instructions and directions of the Regional Manager; and

(b)not consume any alcoholic substances—

(i)for at least 8 hours before attending at the centre or other place; or

(ii)when attending at the centre or other place; or

(iii)when performing unpaid community work; and

(c)not bring any alcoholic substance to any place where an educational or other program is provided under the order; and

(d)not bring any alcoholic substance to any place where unpaid community work is to be performed under the order; and

r. 26

(e)not leave any place where he or she is performing unpaid community work without the permission of the Regional Manager or the community corrections officer to whom he or she is required to report under the order; and

(f)as soon as practicable notify the Regional Manager or a community corrections officer at the community corrections centre concerned if he or she is unable to attend at the centre or as otherwise directed on any occasion required under the order; and

(g)as soon as practicable notify the Regional Manager or a community corrections officer at the community corrections centre concerned if he or she is delayed in attending at the centre or as otherwise directed on any occasion required under the order; and

(h)when next attending at the community corrections centre, produce a medical certificate signed by a doctor if, as a result of illness, he or she does not attend at the centre or as otherwise directed on any occasion required under the order; and

(i)not enter the administrative offices of a community corrections centre without first obtaining permission from the Regional Manager or a community corrections officer.

(2)An offender must attend as directed by the Regional Manager, and do all things necessary, to have his or her photograph taken to be included in the records of the community corrections centre.

(3)If, under an intensive correction order or a community-based order, an offender is required to undergo assessment or treatment for alcohol or drug addiction or submit to medical, psychological or psychiatric assessment and treatment he or she must—

(a)answer all reasonable questions put to him or her; and

(b)undergo all reasonable tests required; and

(c)undergo all reasonable treatment required—

by the person who is authorised to carry out that assessment or treatment.

r. 26

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Part 4—Drug Treatment Orders

27. Prescribed class of persons

r. 27

For the purposes of sections 18ZH(2)(c), 18ZL(5)(b), 18ZN(2)(b) and 18ZP(3)(c) of the Act, the prescribed class of persons is community corrections officers.

28.Copies of order

(1)After the Drug Court has made a drug treatment order, it must as soon as practicable cause a copy of the order to be given to the offender and to the Regional Manager.

(2)A document may be given under sub-regulation (1) by post.

29.Nature of unpaid community work

(1)An offender who is required to perform unpaid community work under the provisions of an order made under section 18ZL of the Act may be required to perform the work—

(a)at a hospital, educational or charitable institution or for any other non-profit body; or

(b)at the home of any socially disadvantaged or disabled person or any institution for such persons; or

(c)on any Crown land or land occupied by the Crown; or

(d)on any land owned, leased or occupied for a public purpose by any person or body under any Act.

(2)An offender must not be required to perform work of a nature that would normally be performed by paid labour.

30.Offender's obligations

r. 30

(1)An offender who is required to attend at a community corrections centre or other place under the provisions of a drug treatment order, or to perform unpaid community work under the provisions of an order made under section 18ZL of the Act, must—

(a)obey all lawful instructions and directions of the Regional Manager; and

(b)not consume any alcoholic substances—

(i)for at least 8 hours before attending at the centre or other place; or

(ii)when attending at the centre or other place; or

(iii)when performing unpaid community work; and

(c)not bring any alcoholic substance to any place where an educational or other program is provided under the order; and

(d)not bring any alcoholic substance to any place where unpaid community work is to be performed under the order; and

(i)not enter the administrative offices of a community corrections centre without first obtaining permission from the Regional Manager or a community corrections officer.

(2)An offender must attend as directed by the Regional Manager, and do all things necessary, to have his or her photograph taken to be included in the records of the community corrections centre.

(3)An offender undergoing any assessment or treatment under the provisions of a drug treatment order must—

(a)answer all reasonable questions put to him or her; and

(b)undergo all reasonable tests required; and

(c)undergo all reasonable treatment required—

by the person who is authorised to carry out that assessment or treatment.

r. 30

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SCHEDULE

Sch.

Forms

Form 1

Regulation 8

Notice of Application for Review of Special Condition of Justice Plan

Ref. No.

This application is being made by
of

TO:
of

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SENTENCING ORDER

On / /  the court made a community-based order in respect of

 you were/I was released on an adjournment following conviction/without conviction

for the following offence:

The Court imposed a special condition that you/I participate in the services specified in a justice plan for a period of

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APPLICATION

I intend to apply to the Court under section 82 of the Sentencing Act 1991 to review the special condition.

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GROUNDS OF THIS APPLICATION

that the offender is no longer willing to comply with the special condition.

that the needs of the offender are not being met by the special condition.

that the offender has failed without reasonable excuse to comply with the special condition.

that the justice plan is no longer appropriate.

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NOTICE OF APPLICATION

The above application is being made to the Court
at .

The application will be heard on Day Month Year
at a.m./p.m.

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