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Welcome to the COMMONWEALTH SENTENCING DATABASE

Commentary via Section


Part IB of the Crimes Act (Cth)

By clicking on the links below you can access commentary on the relevant section of Pt IB:

Div 1 Interpretation
16 Interpretation
16AAA Victim impact statements

Div 2 General Sentencing Principles
16A Matters to which court to have regard when passing sentence etc.
16AA Matters to which court to have regard when passing sentence etc. — Northern Territory Offences
16AB Matters relating to victim impact statements
16AC Reduction for cooperation with law enforcement agencies
16B Court to have regard to other periods of imprisonment required to be served
16BA Taking other offences into account
16C Fines
16D No corporal punishment

Div 3 Sentences of Imprisonment
16E Commencement of sentences
16F Court to explain sentence
17A Restriction on imposing sentences
17B Restriction on imposing sentences for certain minor offences
18 Sentence of imprisonment
19 Cumulative, partly cumulative or concurrent sentences
19A Detention of person in State or Territory prisons
19AA Remissions and reductions of sentences

Div 4 The fixing of non-parole periods and the making of recognizance release orders
19AB When court must fix non-parole period or make a recognizance release order
19AC When court must fix a recognizance release order

19AD Persons already subject to a non-parole period
19AE Persons already subject to recognizance release order
19AF Non-parole period or pre-release periods not to exceed remitted sentence
19AG Non-parole periods for sentences for certain offences
19AH Failure to fix non-parole period or make recognizance release order
19AHA Rectification of errors etc. in sentences, non-parole periods and recognizance release orders
19AJ Court may only fix non-parole periods or make recognizance release orders for federal sentences of imprisonment
19AK Possible deportation no impediment to fixing non-parole period
19AKA Purposes of parole

Div 5 Conditional release on parole or licence
19AL Release on parole – making of a parole order
19ALA Matters that may be considered in decisions about parole orders
19AM Release on parole – when is a person released
19AMA Release on parole — parole period
19AN Parole order is subject to conditions

19AP Release on licence

19APA Amendment of parole orders and licences
19APB Effect of parole order and licence on sentence
19AQ When parole order or licence automatically revoked
19AR Fixing of non-parole period etc. where parole or licence automatically revoked

19AS Court to issue warrant of detention where person required to serve balance of sentence
19AT What happens when later conviction is quashed?
19AU Attorney-General may revoke parole order or licence
19AV Arrest of person whose parole order or licence revoked by Attorney-General
19AW Where person on parole or licence notified of revocation
19AX Where person on parole or licence not notified of revocation
19AY Appeals in respect of warrants issued under subsection 19AW(1) or that subsection as applied
19AZ Evidence before prescribed authority
19AZA Disobedience of summons etc.

19AZB Can person be released on parole or licence if earlier parole order or licence revoked?
19AZD State and Territory laws providing for leave of absence, pre-release etc. to apply to federal offenders
19B Discharge of offenders without proceeding to conviction
20 Conditional release of offenders after conviction
20A Failure to comply with condition of discharge or release
20AA Power to discharge or vary conditions of recognizance
20AB Additional sentencing alternatives
20AC Failure to comply with sentence passed, or order made, under subsection 20AB(1)

Div 6 Unfitness to be tried
20B Consequences of preliminary finding that person unfit to be tried
20BA Upon determining prima facie case, court to dismiss charge or to determine fitness within 12 months
20BB Persons found by a court to be likely to be fit within 12 months
20BC Persons found by a court not to be likely to be fit within 12 months
20BD Review by Attorney-General
20BE Attorney-General may order release
20BF Release order may be revoked
20BG Attorney-General to review detention of persons taken back into detention
20BH State or Territory mental health authorities to be notified of certain releases
20BI Appeals against some Victorian jury findings of unfitness to be tried

Div 7 Acquittal because of mental illness
20BJ Acquittal where person mentally ill
20BK Review by Attorney-General
20BL Attorney-General may order release
20BM Release order may be revoked
20BN Attorney-General to review detention of persons taken back into detention
20BP State or Territory authorities to be notified of certain releases

Div 8 Summary disposition of persons suffering from mental illness or intellectual disability
20BQ Person suffering from mental illness or intellectual disability
20BR Means by which court may be informed

Div 9 Sentencing alternatives for persons suffering from mental illness or intellectual disability
20BS Hospital orders
20BT Lesser periods of imprisonment fixed under hospital orders
20BU Discharge of hospital orders
20BV Psychiatric probation orders
20BW Breach of psychiatric probation orders
20BX Enforcement of psychiatric probation orders
20BY Program probation orders

Div 10 Miscellaneous
20C Offences by children and young persons
21B Reparation for offences
21D Prerogative of mercy and other Commonwealth laws unaffected
21F Prescribed authorities and parole officers
22 Conditions etc. that a court may impose on certain offenders
22A State orders relating to passports