Imprisonment—explanation to offender
82 Imprisonment—explanation to offender
The court must ensure that reasonable steps are taken to explain to the offender (and in language the offender can readily understand)—
the reason why the sentence of imprisonment is imposed, and why no penalty other than imprisonment is appropriate; and
the purpose of the sentence; and
if the offender is to serve all or part of the sentence by full-time detention at a correctional centre or detention place—in general terms, the offender’s obligations as a full-time detainee under the Crimes (Sentence Administration) Act 2005 and the consequences if the offender breaches the obligations; and
An offender may breach the obligations by failing to comply with them (see Legislation Act, dict, pt 1, def breach).
if the court makes an intensive correction order—in general terms, the offender’s obligations under the Crimes (Sentence Administration) Act 2005 and the consequences if the offender breaches the obligations; and
the day when the sentence starts or is taken to have started; and
For examples of the operation of this paragraph, see the end of this subsection.
if a suspended sentence order is made for the offender suspending the sentence in part—in general terms, the effect of the suspension of the sentence; and
Explanations for the offender and any surety of the effect of entering into a good behaviour order are required under pt 6.3.
the earliest day (on the basis of the information currently available to the court) that the offender will become entitled to be released from detention or be eligible to be released on parole, having regard to—
each sentence of imprisonment to which the offender is subject; and
any applicable nonparole period; and
if a nonparole period is set for the sentence—that, if the offender is released on parole, the offender’s release will be subject to a parole order and any conditions included in the order; and
if the sentence is for an offence committed by the offender while on parole for another offence—the application of a parole time credit for the offender in relation to the sentence for the other offence under the Crimes (Sentence Administration) Act 2005, part 7.5A (Parole time credit).
Examples for par (e)
1 A court sentences Rick to 7 days imprisonment. The sentence is imposed on a Monday. Rick is not subject to any other sentence of imprisonment.
To comply with paragraph (e), the court should explain to Rick that the sentence starts on the Monday when it is imposed and that the earliest day when Rick will become entitled to be released from detention is the following Monday.
2 A court sentences Ken to 12 months imprisonment. The sentence is imposed on 5 May 2005. The court has set a nonparole period of 9 months. Ken is not subject to any other sentence of imprisonment. Because Ken has been remanded in custody for sentencing since 27 April 2005, the court has backdated the start of the sentence to that date.
To comply with paragraph (e), the court should explain to Ken that the sentence is taken to have started on 27 April 2005 and that the earliest date when Ken will become eligible to be released on parole is 27 January 2006.
3 On 1 July 2004, Colleen began serving a 2-year sentence of imprisonment for an offence. The nonparole period for the sentence was 18 months (Colleen would be eligible to be released on parole on 1 January 2006). Colleen is later convicted of another offence, with a further sentence of 2 years to start from 1 January 2005, to be served partly concurrently and partly consecutively with the first sentence (under s 71 (Concurrent and consecutive sentences—general rule)). The court cancels the first nonparole period and sets a new nonparole period of 18 months from 1 January 2005 (under s 66 (Nonparole periods—setting if sentence currently being served)).
To comply with paragraph (e), the court should explain to Colleen that the sentence for the 2nd offence starts on 1 January 2005 and ends on 1 January 2007, that it will be served partly concurrently and partly consecutively with her current sentence, and that the earliest date when Colleen will become eligible to be released on parole is now 1 July 2006.
Failure to comply with this section does not invalidate the sentence of imprisonment.
This Act’s bill:Explanatory statementSecond reading speech
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