SENTENCING REGULATIONS 1996

NORTHERN TERRITORY OF AUSTRALIA SENTENCING REGULATIONS 1996 As in force at 1 July 2024 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 Part 2 General matters 2 Prescribed program and undertaking .............................................. 1 3 Proper officer ................................................................................... 1 4 Prescribed persons.......................................................................... 2 5 Prescribed conditions ...................................................................... 2 11 Breach of order suspending sentence ............................................. 3 12 Hospital orders ................................................................................ 3 12A Breach of hospital order .................................................................. 3 12B Certificate for victims of identity crime ............................................. 3 13 Other alleged offences taken into account ...................................... 3 Part 3 Rehabilitation program in relation to domestic and family violence 14 Definition.......................................................................................... 4 15 Application of Part ........................................................................... 4 16 Notification obligations of program facilitator ................................... 4 17 Bringing offender before court for review ......................................... 5 18 Satisfactory completion of rehabilitation program in relation to domestic and family violence ........................................................... 5 Schedule ENDNOTES -- 1 of 19 -- -- 2 of 19 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 July 2024 ____________________ SENTENCING REGULATIONS 1996 Regulations under the Sentencing Act 1995 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Sentencing Regulations 1996. Part 2 General matters 2 Prescribed program and undertaking (1) For the definition prescribed program in section 3(1) of the Act, each of the following is a prescribed program for a community correction order or an intensive community correction 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. 3 Proper officer For section 3(1) of the Act, definition proper officer, the proper officer for the Local Court is a registrar (as defined in section 3 of the Local Court Act 2015). Note for regulation 3 For the Supreme Court, see rule 81A of the Supreme Court Rules 1987. -- 3 of 19 -- Part 2 General matters Sentencing Regulations 1996 2 4 Prescribed persons (1) For the purposes of sections 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 section 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. 5 Prescribed conditions (1) For section 34(1)(c) of the Act, the following conditions are prescribed: (a) the offender: (i) is under the ongoing supervision of a probation and parole officer; and (ii) must report to a probation and parole officer at a specified place within 2 business days after the order comes into force; (b) the offender must remain in the offender's residence for a specified period of time of the day; (c) the offender must wear or have attached an approved monitoring device; (d) the offender must allow the placing or installation in, and retrieval from, a specified place of anything necessary for the effective operation of the monitoring device; (e) the offender must participate in a prescribed program, designed to address the personal factors that contribute to the offender's criminal behaviour, as directed by the Commissioner; (f) the offender must participate in any other program, course or service the court considers appropriate; -- 4 of 19 -- Part 2 General matters Sentencing Regulations 1996 3 (g) the offender must not consume or purchase alcohol or a drug (other than as prescribed by a medical practitioner or other health practitioner); (h) the offender must submit to a breath test, breath analysis or blood or urine test at the request of a probation and parole officer or police officer; (i) the offender must not: (i) be in company with one or more specified persons; or (ii) communicate in any way (including by post, fax, phone and other electronic means, and whether directly or indirectly) with one or more specified persons; (j) the offender must not, except as provided in the order, visit one or more specified places (including a district or specific location). (2) For section 48(1)(d) of the Act, the conditions specified in subregulation (1)(b) to (j) are prescribed. 11 Breach of order suspending sentence For the purposes of section 43(1) and (2) of the Act, the prescribed form is Form 4 in the Schedule. 12 Hospital orders For the purposes of section 80(1)(a) and (b) of the Act, the prescribed form is Form 5 in the Schedule. 12A Breach of hospital order For the purposes of section 86(1) of the Act, the prescribed form is Form 5A in the Schedule. 12B Certificate for victims of identity crime For section 97AB of the Act, the prescribed form is Form 5B in the Schedule. 13 Other alleged offences taken into account For the purposes of section 107 of the Act, the prescribed form is Form 6 in the Schedule. -- 5 of 19 -- Part 3 Rehabilitation program in relation to domestic and family violence Sentencing Regulations 1996 4 Part 3 Rehabilitation program in relation to domestic and family violence 14 Definition In this Part: order, in relation to an offender, means a community correction order or an intensive community correction order subject to the condition that the offender satisfactorily complete a rehabilitation program in relation to domestic and family violence. 15 Application of Part For sections 34(3) and 48(3) of the Act, this Part applies. 16 Notification obligations of program facilitator (1) A program facilitator for a rehabilitation program in relation to domestic and family violence must notify both the police and a probation and parole officer if the facilitator: (a) becomes aware of an offender committing domestic violence while the offender is subject to an order; or (b) becomes aware of an offender engaging in conduct that contravenes a DVO while the offender is subject to an order; or (c) believes on reasonable grounds that an offender may present an unacceptable risk to the safety or welfare of a protected person or any other person. (2) The notice must be in writing and include the particulars of the offender's conduct of which the program facilitator is aware. (3) A program facilitator for a rehabilitation program in relation to domestic and family violence must provide the following to a probation and parole officer: (a) if an offender satisfactorily completes the requirements of the program – a completion notice; (b) if an offender fails to comply with a requirement of the program – a non-compliance notice. Note for subregulation (3)(b) A failure to comply with a requirement of the program may constitute a breach of the order – see sections 39A and 39B or sections 48F and 48G of the Act for the consequences of breaching an order. -- 6 of 19 -- Part 3 Rehabilitation program in relation to domestic and family violence Sentencing Regulations 1996 5 (4) If requested by a court, a program facilitator for a rehabilitation program in relation to domestic and family violence must provide a participation notice to the court summarising an offender's participation in the program. 17 Bringing offender before court for review (1) The court may require an offender who is subject to an order to appear before it from time to time for a review of the offender's progress in the program. (2) The court may request the program facilitator for the program to provide a participation notice under regulation 16(4) for an offender prior to a review under subregulation (1). 18 Satisfactory completion of rehabilitation program in relation to domestic and family violence An offender subject to an order is considered to have satisfactorily completed a rehabilitation program in relation to domestic and family violence if: (a) the offender completes the program; and (b) if a DVO in relation to the offender is in force – the offender did not breach the DVO for the duration of the order; and (c) the defendant did not commit any domestic violence for the duration of the order; and (d) a probation and parole officer receives a completion notice under regulation 16(3)(a). -- 7 of 19 -- Schedule Sentencing Regulations 1996 6 Schedule FORM 1 regulation 2 NORTHERN TERRITORY OF AUSTRALIA Sentencing Act 1995 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 -- 8 of 19 -- Schedule Sentencing Regulations 1996 7 FORM 4 regulation 11 NORTHERN TERRITORY OF AUSTRALIA Sentencing Act 1995 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 Sentencing Act 1995. *APPLICATION UNDER SECTION 43(1) I apply under section 43(1) of the Sentencing Act 1995 to the Court for an order under section 43 of the Sentencing Act 1995 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: *APPLICATION UNDER SECTION 43(2) I apply to the Court under section 43(2) of the Sentencing Act 1995 for an order under section 43 of the Sentencing Act 1995 that you be dealt with for a breach of the order suspending your sentence. -- 9 of 19 -- Schedule Sentencing Regulations 1996 8 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. -- 10 of 19 -- Schedule Sentencing Regulations 1996 9 FORM 5 regulation 12 NORTHERN TERRITORY OF AUSTRALIA Sentencing Act 1995 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 -- 11 of 19 -- Schedule Sentencing Regulations 1996 10 FORM 5A regulation 12A NORTHERN TERRITORY OF AUSTRALIA Sentencing Act 1995 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 Sentencing Act 1995 that you be dealt with for a breach of the order made under section 80 of the Sentencing Act 1995. -- 12 of 19 -- Schedule Sentencing Regulations 1996 11 GROUNDS OF APPLICATION Dated Prescribed person * Delete whichever is inapplicable. -- 13 of 19 -- Schedule Sentencing Regulations 1996 12 FORM 5B regulation 12B NORTHERN TERRITORY OF AUSTRALIA Sentencing Act 1995 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 -- 14 of 19 -- Schedule Sentencing Regulations 1996 13 FORM 6 regulation 13 NORTHERN TERRITORY OF AUSTRALIA Sentencing Act 1995 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 -- 15 of 19 -- Schedule Sentencing Regulations 1996 14 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 (with particulars) -- 16 of 19 -- ENDNOTES Sentencing Regulations 1996 15 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Sentencing Regulations (SL No. 28, 1996) Notified 1 July 1996 Commenced 1 July 1996 Amendments of Sentencing Regulations (SL No. 57, 1996) Notified 19 December 1996 Commenced 19 December 1996 Amendment of Sentencing Regulations (SL No. 9, 1997) Notified 9 April 1997 Commenced 9 April 1997 Statute Law Revision Act 1997 (Act No. 17, 1997) Assent date 11 April 1997 Commenced s 16: 10 December 1997; rem: 1 May 1997 (Gaz G17, 30 April 1997, p 2) Sentencing (Consequential Amendments) Act 2001 (Act No. 56, 2001) Assent date 19 October 2001 Commenced 22 October 2001 (s 2) Sentencing Amendment (Prescribed Persons) Regulations 2006 (SL No. 1, 2006) Notified 1 February 2006 Commenced 1 February 2006 Sentencing Amendment (Alcohol Court) Regulations 2006 (SL No. 21, 2006) Notified 14 June 2006 Commenced 14 June 2006 Alcohol Reform (Substance Misuse Assessment and Referral for Treatment Court) Act 2011 (Act No. 19, 2011) Assent date 20 May 2011 Commenced 1 July 2011 (Gaz G23, 8 June 2011, p 6) -- 17 of 19 -- ENDNOTES Sentencing Regulations 1996 16 Prisons (Correctional Services) (Community Orders) Regulations (SL No. 53, 2011) Notified 20 December 2011 Commenced 27 February 2012 (r 2, s 2 Justice (Corrections) and Other Legislation Amendment Act 2011 (Act No. 24, 2011) and Gaz S9, 21 February 2012) Alcohol Mandatory Treatment Act 2013 (Act No. 17, 2013) Assent date 28 June 2013 Commenced 1 July 2013 (s 2) Sentencing Amendment Regulations 2014 (No. 23, 2014) Notified 1 July 2014 Commenced 1 July 2014 (r 2, s 2, Justice and Other Legislation Amendment Act (No. 11 , 2014) and Gaz S54, 1 July 2014) Sentencing Amendment (Identity Crime) Regulations 2014 (No. 24, 2014) Notified 1 July 2014 Commenced 1 July 2014 (r 2, s 2 Criminal Code Amendment (Identity Crime) Act 2014 (Act No. 9, 2014) and Gaz S52, 1 July 2014) Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) Assent date 4 September 2014 Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2) Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) Assent date 6 April 2016 Commenced 1 April 2016 (Gaz S34, 29 April 2016) Sentencing and Other Legislation Amendment Act 2022 (Act No. 28, 2022) Assent date 9 December 2022 Commenced 25 March 2024 (Gaz S19, 22 March 2024) Amending Legislation Justice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act No. 33, 2023) Assent date 6 December 2023 Commenced 25 March 2024 (Gaz S18, 22 March 2024) Justice and Other Legislation Amendment Act 2024 (Act No. 4, 2024) Assent date 14 March 2024 Commenced pt 5, div 1: 30 October 2023 (s 2(2)); pt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other Legislation Amendment Act 2022 (Act No. 28, 2022) and Gaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024); rem: 15 March 2024 (s 2(1)) Sentencing Amendment Regulations 2023 (No. 23, 2023) Date made 30 November 2023 Commenced 1 December 2023 (r 2, s 2, Sentencing Legislation Amendment Act 2023 (Act No. 11, 2023) and Gaz S81, 30 November 2023) -- 18 of 19 -- ENDNOTES Sentencing Regulations 1996 17 Justice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024) Assent date 24 May 2024 Commenced pt 4: 1 July 2024 (s 2(2)), s 2 Health Care Decision Making Act 2023 (Act No. 19, 2023) and Gaz G13, 20 June 2024, p 2); pts 9 and 10: 1 July 2024 (s 2(3)); pt 8: nc; rem: 25 May 2024 (s 2(1)) 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 Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 3, 4 and 4A and Sch. 4 LIST OF AMENDMENTS pt 1 hdg ins Act No. 28, 2022, s 30 pt 2 hdg ins Act No. 28, 2022, s 31 r 2 sub No. 53, 2011, r 42 amd Act No. 28, 2022, s 32 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; Act No. 28, 2022, s 33 r 4A ins No. 53, 2011, r 43 amd Act No. 27, 2014, s 57 rep Act No. 28, 2022, s 34 r 5 sub Act No. 28, 2022, s 34 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 pt 3 hdg ins Act No. 28, 2022, s 35 rr 14 – 18 ins Act No. 28, 2022, s 35 pt 4 hdg ins No. 23, 2023, r 4 rep Act No. 9, 2024, s 37 r 19 ins No. 23, 2023, r 4 rep Act No. 9, 2024, s 37 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; Act No. 28, 2022, s 36 -- 19 of 19 --