Sentencing Act 1995

This section applies to an offender who is a natural person.

Subject to sections 41 to 45, a court sentencing an offender may —

with or without making a spent conviction order, under Part 6 impose no sentence and order the release of the offender; or

with or without making a spent conviction order, under Part 7 impose a CRO and order the release of the offender; or

with or without making a spent conviction order, under Part 8 impose a fine and order the release of the offender (unless an order under section 58 is made); or

with or without making a spent conviction order, under Part 8A impose a suspended fine; or

with or without making a spent conviction order, under Part 9 impose a CBO and order the release of the offender; or

under Part 10 impose an ISO and order the release of the offender; or

under Part 11 impose suspended imprisonment and order the release of the offender; or

under Part 12 impose CSI and order the release of the offender; or

under Part 13 impose a term of imprisonment.

A court must not use a sentencing option in subsection (2) unless satisfied, having regard to Division 1 of Part 2, that it is not appropriate to use any of the options listed before that option.

A court must not use more than one of the sentencing options in subsection (2) when sentencing an offender for an offence except where section 41 or 42 applies.

A court that under subsection (2)(a) imposes no sentence is nevertheless taken to have sentenced the offender.

A court sentencing an offender may also make a disqualification order under Part 15, and any such order is to be taken as being part of the sentence.

A court sentencing an offender may also make a reparation order under Part 16, but any such order is not to be taken as being part of the sentence.

A court sentencing an offender may also make an order or declaration under Part 17, but any such order or declaration is not to be taken as being part of the sentence.