Sentencing Act 1989 Sentencing (General) Amendment Regulation 1997 (1997-574) [GG No 117 of 31.10.1997, p 8836] (NSW)

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1997 No 574

New South Wales

Sentencing (General) Amendment

Regulation 1997

under the

Sentencing Act 1989

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Sentencing Act 1989.

BOB DEBUS, M.P.,

Minister for Corrective Services

Explanatory note

The object of this Regulation is to amend the Sentencing (General) Regulation 1996 so that the particulars of a parole order in relation to a single warrant issued in respect of more than one conviction or order may be detailed on one form. This amendment is made as a consequence of the amendments made to sections 87 and 88 of the Justices Act 1902 by the Courts Legislation Amendment Act 1996. Those amendments make it clear that a single warrant may be issued in respect of more than one conviction or order.

This Regulation is made under the Sentencing Act 1989, including section 55

(the general regulation-making power), in particular section 55 (l) (b).

Published in Gazette No 117 of 31 October 1997, page 8836 Page 1

1997 No 574

Clause 1 Sentencing (General) Amendment Regulation 1997

Sentencing (General) Amendment Regulation

1997

1 Name of Regulation

This Regulation is the Sentencing (General) Amendment

Regulation 1997.

2 Amendment of Sentencing (General) Regulation 1996

The Sentencing (General) Regulation 1996 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

Page 2

1997 No 574

Sentencing (General) Amendment Regulation 1997

Amendments Schedule 1
Schedule 1 Amendments

(Clause 2)

[1]       Schedule 1 Forms

Omit the matter relating to Paragraphs 1 (Sentencing Details) and 2
(Release Details) from Form 1.
Insert instead:
1. Sentencing details
*Local/District Court at: ........
Name of offender: ................
Date of birth: .......................
Criminal Names Index (CNI)
number:  ...............................

Particulars of imprisonment imposed by Court

(Like offences with like sentences may be grouped)

Case Sentence offences Counts Term of Commences Expires Indicate if No date and dates Sentence cumulative

Of

offences

fixed:
minimum:

additional:

fixed:
minimum:

additional:

fixed:
minimum:

additional:

fixed:
minimum:

additional:

Page 3

1997 No 574

Sentencing (General) Amendment Regulation 1997

Schedule 1 Amendments

The earliest day the offender is eligible for release:

The Court recommends:

2. Release details

Pursuant to the provisions of the Sentencing Act 1989, the Court directed the offender be released on parole to the expiration of the minimum term of imprisonment. The order is to be in force for the period commencing on the date of release and terminating on

unless it is revoked.

Section 41 of the Correctional Centres Act 1952 provides that:

(a)

an inmate may be discharged from detention in a correctional centre at any time during the 24 hours before the time at which the inmate would otherwise be due to be discharged from detention in a correctional centre, and

(b)

the discharge of any inmate from detention in a correctional centre may, with the inmate’s consent, be delayed during any Saturday, Sunday or public holiday to the first day following that is not a Saturday, Sunday or public holiday.

Form 2
Omit the matter relating to Paragraphs 1 (Sentencing Details) and 2
(Release Details) from Form 2.
Insert instead:
1. Sentencing details
*Local/District Court at: ........
Name of offender: ................
Date of birth: .......................
Criminal Names Index (CNI)
number:  ...............................
Page 4

1997 No 574

Sentencing (General) Amendment Regulation 1997

Amendments Schedule 1

Particulars of imprisonment imposed by Court

(Like offences with like sentences may be grouped)

Case Sentence Offences Counts Term of Commences Expires Indicate if No date and dates Sentence cumulative

of

offences

fixed:
minimum:

additional:

fixed:
minimum:

additional:

fixed:
minimum:

additional:

fixed:
minimum:

additional:

The earliest day the offender is eligible for release:

The Court recommends:

2. Release details

Pursuant to the provisions of the Sentencing Act 1989, the Court directed the offender be released on parole to the expiration of the minimum term of imprisonment. The order is to be in force for the period commencing on the date of release and terminating on

unless it is revoked.

Section 41 of the Correctional Centres Act 1952 provides that:

(a)

an inmate may be discharged from detention in a correctional centre at an time during the 24 hours before the time at which the inmate would otherwise be due to be discharged from detention in a correctional centre, and

(b)

the discharge of any inmate from detention in a correctional centre may, with the inmate’s consent, be delayed during an Saturday, Sunday or public holiday to the first day following that is not a Saturday, Sunday or public holiday.

Page 5

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