Imposition of minimum sentence
78CA Imposition of minimum sentence
(1) If a court is required to impose a minimum sentence of a specified period of actual imprisonment in relation to an offender, the court:
must record a conviction against the offender; and
(b) must sentence the offender to a term of imprisonment of not less than the specified period; and
(c) must not make an order under section 40 in relation to the term of imprisonment; and
(d) must not make an intensive community correction order in relation to the offender.
Despite subsection (1), if the offender is a youth:
(a) a provision of Subdivision 2 requiring a court to impose a minimum sentence of a specified period does not apply in relation to the offender; and
(b) the court must instead comply with section 78CB as if that section applied to the case.
In this section:
youth, see section 6 of the Youth Justice Act 2005.
This Act’s bill:Second reading speech
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