Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p12
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 27108–29769

reasons to be entered in the records of the court.

"(4) The failure of a court to comply with subsection (3) does not invalidate a sentence.

"(5) A court, when sentencing a person to imprisonment pursuant to paragraph 112ad (2) (a), may, if it considers it appropriate to do so, direct that the person be released upon the person entering into a recognizance described in subsection (6), either immediately or after he or she has served a specified part of the term of imprisonment.

"(6) A recognizance for the purposes of subsection (5) is a recognizance (with or without surety or security) that the person will be of good behaviour for a specified period of up to 2 years.

"(7) Without limiting the circumstances in which a court may discharge an order under section 112ak, a court that has sentenced a person to imprisonment for a period expressed as provided by paragraph (1) (b) may order the release of the person if it is satisfied that the person will, if he or she is released, comply with the order concerned.

Recognizances

"112af. (1) This section provides for recognizances that a court may require a person to enter into pursuant to paragraph 112ad (2) (c).

"(2) A recognizance shall be for a specified period of up to 2 years.

"(3) A recognizance may be:

(a) with or without surety; and

(b) with or without security.

"(4) The conditions that may be imposed on a person by a recognizance include, but are not limited to, conditions of the following kinds:

    (a) a condition requiring the person to attend upon a court counsellor, or a welfare officer, for counselling;

(b) a condition requiring the person to be of good behaviour.

"(5) Where a court proposes to require a person to enter into a recognizance it shall, before making the requirement, explain or cause to be explained to the person, in language likely to be readily understood by the person:

    (a) the purpose and effect of the proposed requirement; and

    (b) the consequences that may follow if the person fails:

(i) to enter into the recognizance; or

      (ii) having entered into the recognizance—to act in accordance with the recognizance.

Additional sentencing alternatives

"112ag. (1) Subject to this section, where:

    (a) under the law of a participating State or a participating Territory, a court is empowered (whether generally or in particular cases) to impose a sentence or make an order of a kind to which subsection (2) applies in respect of a person convicted of an offence against the law of the State or Territory; and

    (b) an arrangement under section 112an in respect of the State or Territory makes provision for and in relation