Sentencing Regulations 2011 (NI)

Sentencing Regulations 2011

No. 10, 2011

Compilation No. 1

Compilation date:    5 August 2017

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

Sentencing Regulations 2011

Short title

 1. These Regulations are the Sentencing Regulations 2011.

References

 2. In these Regulations the Sentencing Act 2007 is the Act.

Breach of order for release on bond

 3. For the purposes of section 15 of the Act, the prescribed form is Form 1 in the Schedule.

Community Service Order

 4. For the purposes of subsection 31(1) of the Act, the prescribed form is Form 2 in the Schedule.

Form of application under section 35

 5.  For the purposes of subsection 35(2) of the Act the prescribed form is Form 3 in the Schedule.

Breach of order suspending sentence

 6. For the purposes of subsections 42(1) and (2) of the Act, the prescribed form is Form 4 in the Schedule.

Manner of reporting for detention

  7.  For the purposes of paragraph 56(4)(b) of the Act, a detainee shall report at a detention centre with —

  (a) clothing and footwear suitable for outdoor work;

  (b) a change of clothing; and

  (c) toiletries for personal use.

Leave of absence

 8. (1) For the purposes of subsection 64(2) of the Act, an application for leave of absence shall  — 

  (a) be in writing signed by the detainee; and

  (b) be lodged with a custodial officer; and

  (c) set out the reasons for which leave of absence is sought.

  (2) The officer in charge may, by notice in writing, require a detainee to furnish to the officer in charge, either orally or in writing, such further information relating to the application as is specified in the notice.

Disposal of other pending charges

 9. For the purposes of paragraph 143(1)(a) of the Act, the prescribed form is Form 5 in the Schedule.

Schedule

FORM 1

Regulation 3

Norfolk Island

Sentencing Act 2007

Application for breach of order for release on bond – Subsection 15(1) and (2)

This application will be dealt with by (name of court) at (venue) at (time) on (date). 

Dated    20 .

* Registrar of the Supreme Court

*Clerk of the Court of Petty Sessions

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 hereby apply to the Court for an order under section 15 of the Sentencing Act 2007 that you be dealt with for failure to comply without reasonable excuse with the following condition(s) of the order:

Dated    20- .

Police officer/Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)

* Delete whichever is inapplicable.

FORM 2

Regulation 4

Norfolk Island

Sentencing Act 2007

Subsection 31(1)

Community Service Order

Court:  File No ………

Place:   

Service Worker:          

Date of birth:                

Address:                         

On      the service worker was convicted of the offence(s):

THE COURT ORDERED that the service worker be required to perform    hours of unpaid community service within a period of                             .

THE COURT SPECIFIED that the service worker comply with the following conditions:

Conviction(s):  *recorded / *not recorded

Registrar of the Supreme Court

Clerk of the Court of Petty Sessions

Norfolk Island

Date: 

FORM 3

 Regulation 5

Norfolk Island

Sentencing Act 2007

Application under section 35(2) of the Act

1. I,                                                                       , being a (service worker or supervisor, as the case may be) hereby make application to the (name of Court) for an order to vary the order made by the Court on (date)

 (Set out description of order applied for)

2. The circumstances on which this application is based, are as follows:

 (Set out circumstances)

 Dated this             day of                                              20  .

 (Signature of applicant)

FORM 4

Regulation 6

Norfolk Island

Sentencing Act 2007

Application for breach of order suspending sentence – Subsection 42(1) and (2)

This application will be dealt with by (name of court) at (venue) at (time) on (date).

Dated    20 .

Registrar of the Supreme Court

Clerk of the Court of Petty Sessions

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 39 of the Sentencing Act 2007.

*APPLICATION UNDER SUBSECTION 42(1)

I apply under section 42(1) of the Sentencing Act 2007 to the Court for an order under section 42 of the Sentencing Act 2007 that you be dealt with for a breach of the order suspending your sentence.

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─

(set out details)

*APPLICATION UNDER SUBSECTION 42(2)

I apply to the Court under subsection 42(2) of the Sentencing Act 2007 for an order under section 42 of the Sentencing Act 2007 that you be dealt with for a breach of the order suspending your sentence.

GROUNDS OF APPLICATION

That you failed to comply with the following condition(s) to which the order suspending your sentence was subject─

(set out details)

Dated    20 .

Prescribed person

* Delete whichever is inapplicable.

FORM 5

Regulation 9

Norfolk Island

Sentencing Act 2007

        Paragraph 143(1)(a)

List of other offences charged

To 

Charged with the offence of

before the  Court  

INFORMATION FOR DEFENDANT

1. The list on the back of this document gives particulars of other offences with which you have been charged or committed for trial but not convicted.

2.                  If you are found guilty of the offence mentioned above, you may, before being dealt with by the Court (if the prosecutor consents and the Court thinks fit) –

(a) admit all or any of the offences listed on the back of this document; and

(b) ask that any of those admitted offences be taken into account by the Court in dealing with you for the offence of─

3. If you are found guilty and the Court takes any of the offences that you have admitted into account, the maximum penalty that may be imposed on you for the offence of which you have been convicted will not exceed the maximum penalty that the Court would have been empowered to impose on you for the offence if no offence had been so taken into account.

4. If the Court takes an offence that you have admitted into account, the Court may make such orders or give such directions with respect to restitution, compensation, costs, forfeiture, disqualification and loss or suspension of a licence or privilege as it would have been empowered to make or give if you had been convicted before the Court of the offence, but will not otherwise impose any separate punishment for the offence.

5. No proceedings may be taken or continued against you in respect of an offence taken into account unless the decision of the Court in respect of which the offence has been taken into account has been quashed or set aside.

6.                   Your admission cannot be used as evidence against you in any proceedings relating to the offence in respect of which the admission was made or in respect of any other offence specified in the list on the back of this document if –

(a) in the circumstances mentioned in paragraph 5, proceedings are taken or continued against you in respect of an offence that you have admitted; or

(b) the court does not for any reason take any one or more of the offences that you have admitted into account.

Signature of person authorised to sign under  Date 

subsection 143(2) of the Sentencing Act 2007

Signature of defendant acknowledging receipt  Date

of copy of this document

This is to certify that, in dealing with

for the offence of

of which the person has been found guilty, the Court has taken into account the offences

admitted by the person numbered                                   in the list set out hereunder.

Dated this day of      20

 (Designation of Judge or Magistrate signing certificate)

NOTES

The Sentencing Regulations 2011 as shown in this consolidation comprises Regulations No. 10 of 2011 and amendments as indicated in the Tables below.

Table of Amendments