Justices (Sentencing) Amendment Act 1988 (NSW)
JUSTICES (SENTENCING) AMENDMENT ACT 1988 No. 26
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement3. Amendment of Justices Act 1902 No. 27
JUSTICES (SENTENCING) AMENDMENT ACT 1988 No. 26
NEW SOUTH WALES
Act No. 26, 1988
An Act to amend the Justices Act 1902 with respect to sentences of
| imprisonment. [Assented to 6 July 1988] |
| Justices (Sentencing) Amendment 1988 |
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Justices (Sentencing) Amendment Act
1988.
Commencement
2. This Act commences on a day to be appointed by proclamation.
Amendment of Justices Act 1902 No. 27
3. The Justices Act 1902 is amended by inserting after section 80AA the
following section:
Restriction on imposing sentences of imprisonment
80AB. (1) A Justice or Justices shall not sentence a person to
full-time imprisonment unless satisfied, having considered all
possible alternatives, that no other course is appropriate.
(2) A Justice or Justices shall—
(a)
when sentencing a person to imprisonment—state that, before imposing the sentence, all possible alternatives were considered; and
(b)
if the regulations so provide—record the statement as prescribed by the regulations.
(3) A sentence is not invalidated by a failure to comply with
this section.
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