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CRIMES ACT 1914 SECT 16F
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.
- (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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