Crimes (Sentencing Procedure) Act 1999

This clause applies to the periodic detention order to which this Division applies and that was in force immediately before the commencement day.

The periodic detention order ceases to apply to the offender named in the order on and from the commencement day.

The Commissioner must notify the court that sentenced the offender, or a court prescribed by the regulations (the court), of that fact within 14 days commencing with the commencement day, and provide the court with such information about the offender and the periodic detention order as may be prescribed by the regulations.

On being notified under subclause (3), the court may call on the offender to appear before it on a date to be fixed by the court to be re-sentenced.

If the offender fails to appear, the court may issue a warrant for the offender’s arrest.

When re-sentencing the offender, the court must, without limitation, take into account—

the gravity of the offence for which the periodic detention order was made, and

the offender’s record of performance during periodic detention and compliance with applicable requirements of periodic detention, and

the offender’s current circumstances.

The following information, if available, about the offender is, at the request of the court, to be provided by the Commissioner—

a copy of the relevant assessment report, offender declaration and periodic detention order,

details of the offender’s compliance with the requirements of the periodic detention order,

the number of detention periods completed and outstanding,

relevant circumstances of any breach of the periodic detention order,

details of any relevant action taken by the Parole Authority,

any other information available from its records that Corrective Services NSW considers relevant.