Sentencing Regulations 1996 (NT)
NORTHERN TERRITORY OF AUSTRALIA
SENTENCING regulations 1996
As in force at 1 May 2016
northern territory of australia
As in force at 1 May 2016
Sentencing regulations 1996
Regulations under the Sentencing Act 1995
These Regulations may be cited as the
(1) For the definition
prescribed program in section 3(1) of the Act, each of the following is a prescribed program for a community based order or community custody order:(a) an alcohol or other drug treatment program;
(b) an education or training program in driving;
(c) any other education or training program;
(d) treatment or counselling addressing personal factors.
(2) For the definition
undertaking in section 3(1) of the Act, the prescribed form is Form 1 in the Schedule.
For section 3(1) of the Act, definition
(1) For the purposes of sections 14(3)(b), 15(1), 42(3)(b) and 43(1) and (2) of the Act, each person who is a probation and parole officer and an employee of the Agency responsible under the Minister for the administration of the
Correctional Services Act 2014 is a prescribed person.(2) In addition to subregulation (1), for the purposes of sections 15(1) and 43(1) and (2), each person who is a prosecutor is a prescribed person.
(3) For the purposes of section 85(2) of the Act, the Chief Health Officer is a prescribed person.
(4) For the purposes of section 86(1) of the Act, the Chief Health Officer and the Commissioner are prescribed persons.
For sections 39(1)(g), 39E(1)(f)(i), 48E(1)(h)(i) and 48(1)(g) of the Act, an offender subject to a community work order, community based order, community custody order or home detention order must comply with Chapter 4 of the
For the purposes of section 15 of the Act, the prescribed form is Form 2 in the Schedule.
For the purposes of section 43(1) and (2) of the Act, the prescribed form is Form 4 in the Schedule.
For the purposes of section 80(1)(a) and (b) of the Act, the prescribed form is Form 5 in the Schedule.
For the purposes of section 86(1) of the Act, the prescribed form is Form 5A in the Schedule.
For section 97AB of the Act, the prescribed form is Form 5B in the Schedule.
For the purposes of section 107 of the Act, the prescribed form is Form 6 in the Schedule.
FORM 1
regulation 2
NORTHERN TERRITORY OF AUSTRALIA
UNDERTAKING
WHEREAS, I (full name and address of offender) was before the
Court in respect of the following offence/s:
NOW I give the following undertaking:
Dated
Offender
FORM 2
regulation 5
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION FOR BREACH OF ORDER FOR RELEASE ON BOND – SECTION 15(1) AND (2)
This application will be dealt with by (name of court) at (venue) at (time) on (date).
Dated .
*Sheriff / Registrar of ___Court
This application is being made by
of
TO:
of
SENTENCING ORDER
On / / you were *convicted/*found guilty but not convicted of the following offence(s):
You were released on the conditions that you would appear before the Court if called on and be of good behaviour during the period specified in the order and observe the special condition(s) imposed by the Court.
APPLICATION
I apply to the Court for an order under section 15 of the
Dated
Prescribed person
* Delete whichever is inapplicable.
FORM 4
regulation 11
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION FOR BREACH OF ORDER SUSPENDING SENTENCE – SECTION 43(1), (2) AND (3)
This application will be dealt with by (name of court) at (venue) at (time) on (date).
Dated
*Sheriff / Registrar of ___Court
This application is being made by
of
TO:
of
SENTENCING ORDER
On / / the Court at
made an order against you suspending a sentence of imprisonment under section 40 of the
*APPLICATION UNDER SECTION 43(1)
I apply under section 43(1) of the
GROUNDS OF APPLICATION
While the order suspending the sentence of imprisonment was in force or within 2 years after the operational period of the order it appears that you committed the following offence punishable by imprisonment:
*APPLICATION UNDER SECTION 43(2)
I apply to the Court under section 43(2) of the
GROUNDS OF APPLICATION
That you failed to comply with the following condition(s) to which the order suspending your sentence was subject:
Dated
Prescribed person
* Delete whichever is inapplicable.
FORM 5
regulation 12
NORTHERN TERRITORY OF AUSTRALIA
CERTIFICATE AND REPORT OF CHIEF HEALTH OFFICER
Ref No.
Date of hearing:
Full name of defendant:
Address of defendant:
PART A – CERTIFICATE
I, the undersigned, the Chief Health Officer, certify that the abovenamed defendant was examined by (name of medical practitioner), a medical practitioner, on (time and date) at .
It is his/her opinion that:
(a) the defendant appears to be suffering from a mental illness that requires treatment;
(b) the treatment can only be obtained by admission to and detention in a hospital; and
(c) the defendant should be admitted as a patient for his or her health or safety or for the protection of members of the public.
The opinion is based on the following facts:
PART B – REPORT
I, the undersigned, the Chief Health Officer, report that facilities are available at the (name of hospital) for the abovenamed defendant to undertake treatment for his/her mental illness and the admission, detention and treatment of the defendant is appropriate.
Dated
Chief Health Officer
FORM 5A
regulation 12A
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION FOR ORDER FOR BREACH OF HOSPITAL ORDER – SECTION 86(1) AND (2)
This application will be dealt with by (name of court) at (venue) at (time) on (date)
Dated
*Sheriff / Registrar of ___Court
This application is being made by
of
TO:
of
HOSPITAL ORDER
On / / you were found guilty of the following offence(s):
and the Court pursuant to section 80:
* sentenced you to and ordered that you be admitted to and detained in a hospital to enable you to be diagnosed, assessed and treated for a period, not exceeding 3 months, as determined by the Chief Health Officer.
* instead of sentencing you, ordered that you be admitted to and detained in a hospital to enable you to be diagnosed, assessed and treated for the period of .
* sentenced you to and ordered that you be admitted to and detained in a hospital to enable you to be treated for the period of .
The order was subject to the following condition(s):
APPLICATION
I apply to the Court for an order under section 86 of the
GROUNDS OF APPLICATION
Dated
Prescribed person
* Delete whichever is inapplicable.
FORM 5B
regulation 12B
NORTHERN TERRITORY OF AUSTRALIA
CERTIFICATE FOR VICTIM OF IDENTITY CRIME
Name of Supreme Court Judge / Local Court Judge:
Place where certificate is being issued:
Full name or business
name of victim:
Current address:
Date of birth or ABN:
Details of how identification information relating to the victim was used to commit an offence against section 228C, 228D or 228E of the Criminal Code:
Any other relevant information:
In issuing this certificate, I have had regard to section 97AB of the Act.
Dated
Supreme Court Judge / Local Court Judge
FORM 6
regulation 13
NORTHERN TERRITORY OF AUSTRALIA
OTHER ALLEDGED OFFENCES THAT MAY BE TAKEN INTO ACCOUNT
PART A
To
Charged with
Before the Court at .
MEMORANDUM FOR ACCUSED’S INFORMATION
(1) The list on the back of this form gives particulars of other offences you are alleged to have committed, but in respect of which you have not been found guilty.
(2) If you are convicted on a charge set out above you may, before sentence is passed, ask to be allowed to admit all or any of the other offences listed on the back of this form and to have them taken into account by the Court in passing sentence on you.
(3) If at your request any of the other offences listed on the back are taken into account by the Court, then –
(a) this does not amount to a conviction in respect of the other offences taken into account;
(b) the Court may not impose a sentence on you in respect of a charge set out above in excess of the maximum penalty for the offence with which you are charged.
(4) No further proceedings may be taken against you in respect of any other offences taken into account at your request unless your conviction for the offence above is quashed or set aside.
(5) If any proceedings are taken against you in respect of any offence that you have asked to have taken into account your admission of that offence cannot be used as evidence against you in those proceedings.
Dated
Prosecutor/police officer
Dated
Accused
PART B
CERTIFICATE
In sentencing for the offence(s) of
this day the Court has taken into account the following offences alleged against and admitted by the accused, that is to say the offences numbered on the back of this form.
Dated
Supreme Court Judge / Local Court Judge
PART C
Number | Place where offence committed | Date of offence | Description of offence ( |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 1 July 1996 |
Commenced | 1 July 1996 |
Notified | 19 December 1996 |
Commenced | 19 December 1996 |
Notified | 9 April 1997 |
Commenced | 9 April 1997 |
Assent date | 11 April 1997 |
Commenced | s 16: 10 December 1997; rem: 1 May 1997 ( |
Assent date | 19 October 2001 |
Commenced | 22 October 2001 (s 2) |
Notified | 1 February 2006 |
Commenced | 1 February 2006 |
Notified | 14 June 2006 |
Commenced | 14 June 2006 |
Assent date | 20 May 2011 |
Commenced | 1 July 2011 ( |
Notified | 20 December 2011 |
Commenced | 27 February 2012 (r 2, s 2 |
Assent date | 28 June 2013 |
Commenced | 1 July 2013 (s 2) |
Notified | 1 July 2014 |
Commenced | 1 July 2014 (r 2, s 2, |
Notified | 1 July 2014 |
Commenced | 1 July 2014 (r 2, s 2 |
Assent date | 4 September 2014 |
Commenced | 9 September 2014 ( |
Assent date | 6 April 2016 |
Commenced | 1 April 2016 ( |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
r 2 sub No. 53, 2011, r 42
r 3 sub No. 21, 2006, r 3
amd Act No. 19, 2011, s 46; Act No. 17, 2013, s 178
sub Act No. 9, 2016, s 142
r 4 amd Act No. 17, 1997, s 18; No. 1, 2006, r 3; Act No. 27, 2014, s 57
r 4A ins No. 53, 2011, r 43
amd Act No. 27, 2014, s 57
rr 6 – 9 rep No. 1, 2006, r 4
r 10 amd Act No. 56, 2001, s 6
rep No. 53, 2011, r 44
r 11A ins No. 9, 1997
rep No. 53, 2011, r 44
r 12A ins No. 57, 1996, r 1
r 12B ins No. 24, 2014, r 4
r 13 amd No. 23, 2014, r 4
sch amd No. 57, 1996, r 2; Act No. 17, 1997, s 18; No. 1, 2006, r 5; No. 23, 2014, r 5; No. 24, 2014, r 5; Act No. 9, 2016, s 143
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