New section 36A
52 New section 36A
After section 36
insert
36A Hours of community service under non-custodial orders made in cross-border proceedings
This section applies if an offender:
(a) is convicted of one or more offences in a cross-border proceeding of a prescribed court of the Territory; and
(b) the court makes a community correction order or intensive community correction order for one or more of those offences under which the offender is required to participate in an approved project.
(2) If, at the time of conviction, the offender is performing or yet to perform community service under one or more non-custodial orders of another participating jurisdiction (the interstate orders), the hours of community service performed under the interstate orders count as hours of participation in an approved project under each of the community correction orders or intensive community correction orders mentioned in subsection (1)(b) (the Territory orders) unless the court specifies differently under subsection (3).
(3) The court may specify that the number of hours of participation in an approved project to be performed under one or more of the Territory orders is in addition to any community service the offender has to perform under the interstate orders.
(4) For subsection (3), an offender cannot do the additional hours of work under a Territory order until the offender has done the hours of work under the interstate orders or the interstate orders have ceased to be in force, whichever is earlier.
To avoid doubt, section 36(2):
(a) applies in relation to participation in an approved project under a community correction order or intensive community correction order of the Territory; and
(b) does not apply in relation to community service performed under non-custodial orders of another participating jurisdiction.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.