Sentencing Bench Book Update 42 published

The Sentencing Bench Book has been substantially amended to reflect the new community-based sentencing options created by the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 which commences on 24 September 2018.

A new section “Custodial and non-custodial community based orders” has been created. That section includes:

  • A new chapter “Community-based orders generally” inserted at [3-500] summarises the main aspects of the reforms and certain features of the reforms that apply to all community-based orders. It also includes tables which summarise the new orders, the transitional arrangements and the times it will take for Community Corrections to provide different types of assessment reports.
  • [3-600] has been retitled “Intensive correction orders (ICOs) (alternative to full-time imprisonment)” and the text has been re-written to accommodate the reforms made to the structure of an ICO.
  • [4-400] has been retitled “Community correction orders (CCOs)” and the text has been re-written to address the requirements for making a CCO.
  • [4-700] has been retitled “Conditional release orders (CROs)” and the text has been re-written to address the requirements for making a CRO upon conviction.
  • [5-000] has been retitled “Dismissal of charges and conditional discharge” and the text has been updated, revised and reorganised.
  • [5-300] has been retitled “Conviction with no other penalty” and minor consequential changes have been made to the text.
  • [5-700] “Suspended sentences” has been revised to take into account the repeal of s 12 of the Crimes (Sentencing Procedure) Act 1999 with effect from 24 September 2018.
  • [6-500] “Non-association and place restriction orders” has been revised to take into account the sentencing amendments which now enable such orders to be conditions of any of the community-based sentencing options.