Australian Capital Territory Consolidated Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 82A

Re-sentencing offender etc—referral to court

    (1)     This section applies if the board refers an offender to the sentencing court under section 75 (Board powers—management of periodic detention).

    (2)     The court may—

        (a)     if satisfied that the offender should serve the remainder of the offender's sentence in accordance with section 79 (4) (Periodic detention—effect of suspension or cancellation etc)—cancel the offender's periodic detention; or

        (b)     in any other case—re-sentence the offender for the offence (the relevant offence ) for which the offender was ordered to serve periodic detention.

    (3)     The Crimes (Sentencing) Act 2005 applies to the re-sentencing in the same way that it applies to the sentencing of an offender on a conviction for the relevant offence.



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