CRIMES ACT 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 3 - Sentences of imprisonment  

SECTION 16F   Court to explain sentence  

(1)  
Where a court imposes a federal sentence on a person and fixes a non-parole period in respect of the sentence, it must explain or cause to be explained to the person, in language likely to be readily understood by the person, the purpose and consequences of fixing that non-parole period including, in particular, an explanation:


(a) that service of the sentence will entail a period of imprisonment of not less than the non-parole period and, if a parole order is made, a period of service in the community, called the parole period, to complete service of the sentence; and


(b) that, if a parole order is made, the order will be subject to conditions; and


(c) that the parole order may be amended or revoked; and


(d) of the consequences that may follow if the person fails, without reasonable excuse, to fulfil those conditions.

Note:

A court that is sentencing a person who has been convicted of an offence referred to in paragraph 105A.3(1)(a) of the Criminal Code must warn the person about continuing detention orders (see section 105A.23 of the Code).

(2)  
Where a court imposes a federal sentence on a person and makes a recognizance release order in respect of that sentence, it must explain or cause to be explained to the person, in language likely to be readily understood by the person, the purpose and consequences of making the recognizance release order including, in particular, an explanation:


(a) that service of the sentence will entail a period of imprisonment equal to the pre-release period (if any) specified in the order and a period of service in the community equal to the balance of the sentence; and


(b) of the conditions to which the order is subject; and


(c) of the consequences that may follow if the person fails, without reasonable excuse, to fulfil those conditions; and


(d) that any recognizance given in accordance with the order may be discharged or varied under section 20AA .


 

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