Commentary
via Legislation: Part IB of the Crimes Act 1914 (Cth)
By clicking on the
links below you can access commentary on the relevant section of Pt IB:
Div 1 Interpretation
16 Interpretation
Div
2 General Sentencing Principles
16A Matters to which court
to have regard when passing sentence etc.
16B Court to have regard to other periods
of imprisonment required to be served
16BA Taking other offences into account
16C Fines
16D No corporal punishment
Div 3 Sentences of
Imprisonment
16E Commencement of sentences
16F Court to explain sentence
17A Restriction on imposing sentences
17B Restriction on
imposing sentences for certain minor offences
18 Sentence of imprisonment
19 Cumulative, partly cumulative
or concurrent sentences
19A Detention of person in State or Territory
prisons
19AA Remissions and reductions of sentences
Div 4 The fixing of
non-parole periods and the making of recognizance release orders
19AB When court must fix non-parole
period or make a recognizance release order
19AC When court must fix a recognizance release order
19AD Persons already subject to
a non-parole period
19AE Persons already subject to
recognizance release order
19AF Non-parole period
or pre-release periods not to exceed remitted sentence
19AG Non-parole periods for sentences
for certain offences
19AH Failure to fix non-parole
period or make recognizance release order
19AJ Court may only fix non-parole periods
or make recognizance release orders for federal sentences of imprisonment
19AK Possible deportation no impediment
to fixing non-parole period
Div 5 Conditional release
on parole or licence
19AL Release on parole
19AM Person not to be released on parole if still serving State or Territory
sentence
19AN Parole order is subject to conditions
19AP Release on licence
19AQ When parole order or licence automatically revoked
19AR Fixing of non-parole period etc. where parole or licence automatically
revoked
19AS Court to issue warrant of detention where person required to serve
balance of sentence
19AT What happens when later conviction is quashed?
19AU Attorney-General may revoke parole order or licence
19AV
Arrest of person whose parole order or licence revoked by Attorney-General
19AW Where person on parole or licence notified of revocation
19AX Where person on parole or licence not notified of revocation
19AY Appeals in respect of warrants issued under subsection 19AW(1) or
that subsection as applied
19AZ
Evidence before prescribed authority
19AZA Disobedience of summons etc.
19AZB Can person be released on parole or licence if earlier parole order
or licence revoked?
19AZC Effect of parole order and licence on sentence
19AZD State and Territory laws providing
for leave of absence, pre-release etc. to apply to federal offenders
19B Discharge of offenders without proceeding
to conviction
20 Conditional release of offenders
after conviction
20A Failure to comply with
condition of discharge or release
20AA Power to discharge or
vary conditions of recognizance
20AB Additional sentencing
alternatives
20AC Failure to
comply with sentence passed, or order made, under subsection 20AB(1)
Div 6 Unfitness to
be tried
20B Consequences of preliminary finding that person unfit to be tried
20BA Upon determining prima facie case, court to dismiss charge or to
determine fitness within 12 months
20BB Persons found by a court to be likely to be fit within 12 months
20BC Persons found by a court not to be likely to be fit within 12 months
20BD Review by Attorney-General
20BE Attorney-General may order release
20BF Release order may be revoked
20BG Attorney-General to review detention of persons taken back into detention
20BH State or Territory mental health authorities to be notified of certain
releases
Div 7 Acquittal because
of mental illness
20BJ Acquittal where person mentally ill
20BK Review by Attorney-General
20BL Attorney-General may order release
20BM Release order may be revoked
20BN Attorney-General to review detention of persons taken back into detention
20BP State or Territory authorities to be notified of certain releases
Div 8 Summary disposition
of persons suffering from mental illness or intellectual disability
20BQ Person suffering from mental illness
or intellectual disability
20BR Means by which court may be informed
Div
9 Sentencing alternatives for persons suffering from mental illness or
intellectual disability
20BS Hospital orders
20BT Lesser periods of imprisonment fixed
under hospital orders
20BU Discharge of hospital orders
20BV Psychiatric probation orders
20BW Breach of psychiatric probation orders
20BX Enforcement of psychiatric probation
orders
20BY Program probation orders
Div 10 Miscellaneous
20C Offences by children and young persons
21B Reparation for offences
21D Prerogative of mercy and other Commonwealth laws
unaffected
21E Director of Public Prosecutions may appeal
against reductions where promised co-operation with law enforcement agencies
refused
21F Prescribed authorities and parole
officers
22 Conditions etc. that a court may impose on
certain offenders
22A State orders relating to passports
|