Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

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Division 3 - Sentences of imprisonment  

SECTION 17A   Restriction on imposing sentences  

(1)    
A court shall not pass a sentence of imprisonment on any person for a federal offence, or for an offence against the law of an external Territory that is prescribed for the purposes of this section, unless the court, after having considered all other available sentences, is satisfied that no other sentence is appropriate in all the circumstances of the case.

(2)    
Where a court passes a sentence of imprisonment on a person for a federal offence, or for an offence against the law of an external Territory that is prescribed for the purposes of this section, the court:

(a) shall state the reasons for its decision that no other sentence is appropriate; and

(b) shall cause those reasons to be entered in the records of the court.

(3)    
The failure of a court to comply with the provisions of this section does not invalidate any sentence.

(4)    
This section applies subject to any contrary intention in the law creating the offence.