Certain courts may suspend imprisonment conditionally
81 Certain courts may suspend imprisonment conditionally
A prescribed court that sentences an offender to a term of imprisonment, or to an aggregate of terms of imprisonment, of 60 months or less may order that the whole of the term or terms be suspended for a period set by the court, but not more than 24 months, subject to the following conditions —
the standard obligations in section 83; and
one or more of the primary requirements in section 84, as decided by the court.
CSI is not to be imposed unless imprisonment for a term or terms equal to that suspended would, if it were not possible to suspend imprisonment, be appropriate in all the circumstances.
CSI is not to be imposed if —
the offence was committed when the offender was subject to an early release order; or
the offender is serving or is yet to serve a term of imprisonment that is not suspended.
In subsection (3)(a) —
early release order means —
a parole order, home detention order, or work release order, made under the Sentence Administration Act 1995 1; or
a parole order, or re‑entry release order, made under the Sentence Administration Act 2003.
Subsection (1) does not prevent a prescribed court from imposing suspended imprisonment under Part 11.
[Section 81 inserted: No. 27 of 2004 s. 5.]
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